HRFLegaland Policy Phase IIIStakeholders FINALReport 300310

Support for Strengthening the HIV
Legal and Policy Enabling

Environment: Scoping Exercise
Stakeholders Phase 3 Report:

Indonesia and Asia regional initiatives
Final
John Godwin and Sally Cameron
30th March 2010
AusAID HRF
HLSP in association with IDSS
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Table of Contents
Glossary of Acronyms and Terms.......................................................................................................................ii

Executive Summary..............................................................................................................................................ii
1 Introduction.................................................................................................................................................. 2
1.1 Background and objectives ................................................................................................................... 2
1.2 Methodology.......................................................................................................................................... 2
1.3 Approach............................................................................................................................................... 2
2 Indonesia....................................................................................................................................................... 2
2.1 Overview of support to the Indonesian HIV legal and policy response ................................................ 2
2.2 Key gaps and priority needs.................................................................................................................. 2
2.3 Opportunities and mechanisms for AusAID support............................................................................. 2
3 Asia regional initiatives ............................................................................................................................... 2
3.1 Focus of the Scoping Exercise at the regional level.............................................................................. 2
3.2 Overview of Asia regional support to HIV legal and policy responses................................................. 2
3.3 Strengths and weaknesses of AusAID-funded regional activities.......................................................... 2
3.4 Key gaps and priority needs.................................................................................................................. 2
3.5 Opportunities and mechanisms for AusAID support............................................................................. 2
Annex I: Overview of HIV legal and policy contexts......................................................................................... 2
Annex II: Mapping of Indonesia HIV legal and policy activities ..................................................................... 2
Annex III: Mapping of Asia regional HIV legal and policy activities.............................................................. 2
Annex IV: Key questions...................................................................................................................................... 2
Annex V: Terms of Reference ............................................................................................................................. 2
Annex VI: Informants .......................................................................................................................................... 2
Annex VII: References ......................................................................................................................................... 2
AusAID Health Resource Facility

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Support for Strengthening the HIV Legal and Policy Enabling Environment: Scoping Exercise 30/03/2010
Services Order 15 Final
Glossary of Acronyms and Terms

7Sisters Coalition of Asia Pacific Regional Networks on HIV/AIDS
AFAO Australian Federation of AIDS Organizations
AFPPD Asian Forum of Parliamentarians for Population and Development
AHRN Asian Harm Reduction Network
AIDS Acquired Immunodeficiency Syndrome
AIPH Australia Indonesia Partnership for HIV
AIPJ Australia Indonesia Partnership for Justice
AIVL Australian Injecting and Illicit Drug Users League
Alliance International HIV/AIDS Alliance
amfAR Foundation for AIDS Research
ANPUD Asia Network of People who use Drugs
APCASO Asia Pacific Council of AIDS Service Organizations
APCOM Asia Pacific Coalition on Male Sexual Health
APLF Asia Pacific Leadership Forum on HIV/AIDS and Development
APNSW Asia Pacific Network of Sex Workers
ASA Aksi Stop AIDS
ASAP AIDS Society Asia Pacific
ASEAN Association of South East Asian Nations
APN+ Asia Pacific Network of People Living with HIV/AIDS
APTN Asia Pacific Transgender Network
AusAID Australian Agency for International Development
BNN National Narcotics Bureau (Indonesia)
CBO Community based organisation
CCM Country Coordinating Mechanism
CEDAW Convention on Elimination of All Forms of Discrimination Against Women
Consortium HIV Consortium for Partnerships in Asia Pacific
CARAM Coordination of Action Research on AIDS and Mobility in Asia
CSO Civil Society Organisation
CSAT Civil Society Action Team
DepHukHam Ministry of Law and Human Rights (Indonesia)
DFID UK Department for International Development
DFAT Department of Foreign Affairs and Trade
FBO Faith based organization
FHI Family Health International
GIPA Greater Involvement of People Living with HIV and AIDS
Global Fund Global Fund to Fight AIDS, Tuberculosis and Malaria
GOI Government of Indonesia
GMS Greater Mekong Subregion
GRM GRM International
GWL-INA Indonesia Network of Gay Men, Waria and MSM
HAARP AusAID HIV/AIDS Asia Regional Program
HCPI HIV Cooperation Program for Indonesia
HCV Hepatitis C Virus
HIV Human Immunodeficiency Virus
HIVOS Humanist Institute for Development Cooperation
HPI Health Policy Initiative
HPI/GMR-C HPI Greater Mekong Region-China
HR Harm reduction
ICAAP International Congress on AIDS in Asia Pacific
ICASO International Council of AIDS Service Organizations
IDLO International Development Law Organization
IDU Injecting drug use

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IDUs Injecting drug users

IHP International Health Partnership
IHPCP Indonesia HIV Prevention and Care Project
ILO International Labor Organization
INGO International Non-Government Organization
INPUD International Council of People who use Drugs
IPF Indonesia Partnership Fund for HIV/AIDS
ISEAN Insular South East Asia MSM and Transgender Network
JOTHI Indonesia Network of People Living with HIV
KPA National AIDS Commission (Indonesia)
KPAP Provincial AIDS Commission (Indonesia)
LBHM Community Legal Aid Institute
LSF Levi Strauss Foundation
MARPs Most at Risk Populations
MDG Millennium Development Goals
MOH Ministry of Health
MSH Management Sciences for Health
MSM Men who have sex with men
MSMGF Global Forum on MSM and HIV
NAC National AIDS Council / Committee
NGO Non-government organization
NIH National Institutes of Health
NZAID New Zealand International Development Agency
OPSI Indonesia Network of Sex Workers
OPEC Organization of Petroleum Exporting Countries
OSI Open Society Institute
PEPFAR President’s Emergency Plan for AIDS Relief (USA)
Perda Local by-laws
PKNI Indonesia Network of People who use Drugs
PLHIV People living with HIV
PNG Papua New Guinea
PSI Population Services International
PSN Purple Sky Network
RBB Response Beyond Borders
RTI Research Triangle Institute, RTI International
SUM Scaling up for most at risk populations (USAID project)
TA Technical assistance
TB Tuberculosis
TSH Technical Support Hub
TSF SEAP Technical Support Facility South East Asia Pacific
UNAIDS Joint United Nations Programme on HIV/AIDS
UNAIDS PCB UNAIDS Programme Coordinating Board
UNAIDS RST UNAIDS Regional Support Team
UNDAF United Nations Development Assistance Framework
UNESCO United Nations Educational Scientific and Cultural Organization
UNDP United Nations Development Program
UNFPA United Nations Population Fund
UNGASS United Nations General Assembly Special Session on HIV/AIDS
UNODC United Nations Office on Drugs and Crime
UNRTF United Nations Regional Task Force
USAID United States Agency for International Development
USG United States Government
Waria Transgender people (Indonesia)
VCT Voluntary Testing and Counselling
WHO World Health Organization

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Executive Summary
The Objectives of the Scoping Exercise were:

• to undertake a mapping, review and gap analysis of interventions to strengthen the legal and policy
enabling environment for HIV responses in the Asia region, focusing on (i) Indonesia and (ii) the
role of regional initiatives relevant to Indonesia, Burma, Cambodia and Lao PDR.
• to identify opportunities and provide recommendations for AusAID to strengthen this area of the
HIV response.
The focus of the Scoping Exercise for Indonesia was policy, legislation and law enforcement relating
to: (i) sex work in Papua and West Papua provinces; (ii) men who have sex with men (MSM); and
(iii) injecting drug users (IDUs).
The focus of the Scoping Exercise for Asia was regional initiatives on policy, legislation and law
enforcement relating to MSM and IDUs, with an emphasis on civil society organisations (CSOs)
working regionally. The study included an assessment of the relative strengths and weaknesses of
civil society organisations (CSOs) working at the Asia regional level and their strategic role.
The Scoping Exercise was conducted by document review, mapping, key informant interviews and
analysis of data.
Findings
INDONESIA
Gaps in the HIV legal and policy response and priority needs are:
1. Community empowerment
a. Supporting national networks of community-based organisations (CBOs) and local CBOs
in priority districts as advocates for improved law, law enforcement and policy;
b. Low cost legal aid models and community legal education;
c. Anti-stigma campaigns;
d. Engaging and mobilising civil society and political leaders on HIV and its impacts on
IDUs, MSM and sex workers as a human development issue.
2. Law enforcement
a. A co-ordinated national approach to HIV and harm reduction for the law enforcement
sector;
b. Harm reduction policies for law enforcement agencies;
c. Promotion of diversion of drug users from prisons to treatment and care;
d. Human rights monitoring, documentation and enforceable remedies for violations.
3. Law reform
a. Work with national and provincial parliamentarians on drug law reform, anti-
discrimination laws and ensuring local laws do not undermine the national response;
b. National leadership on rights-based laws including auditing of legislation against
international human rights standards;
c. Engaging Indonesian lawyers and legal institutions on HIV and human rights agendas.
4. Cross-cutting priorities
a. Resourcing of the National AIDS Commission (KPA) to strengthen its role in leadership
and coordination of legal, law enforcement and policy issues;
b. A scaled-up and intensified response to sex work in Papua that involves sex worker
NGOs and health authorities working in partnership with law enforcement agencies, and
supportive regulations;

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c. Strengthening of the law and justice sector to increase access to justice and to address
corruption associated with policing of the sex industry, MSM and illicit drugs.
AusAID should address priorities within the partnership frameworks established by the bilateral
program (Australia Indonesia Partnership for HIV and Australia Indonesia Partnership for
Justice)(AIPH and AIPJ). Considerations for maximising AusAID’s contribution to addressing these
needs are the importance of building on existing strengths and relationships, coordination with
development partners (USAID, Global Fund Principal Recipients and UN agencies) and taking
advantage of the flexibilities provided by the Indonesia Partnership Fund for HIV/AIDS.
ASIA REGIONAL INITIATIVES
AusAID country-level activities for Greater Mekong Subregion (GMS) and Indonesia have largely
been programmed to 2015. The lesser sums available for regional-level work need to be carefully and
strategically invested.
Gaps and priority needs relating to regional level legal and policy responses are:
1. A more consistent, coordinated and coherent advocacy effort at regional level among the lead
development partners engaged in MSM and IDU policy issues;
2. Sustainable regional CBOs to represent and advocate diverse IDU and MSM community
perspectives;
3. Documenting and advocating evidence of effective country-level responses to regional and

global audiences;
4. The need to ensure that a health systems focus complements rather than replaces scaling-up of
targeted efforts to address Asia’s concentrated HIV epidemics;
5. A coherent response to the overlapping policy and legal issues of MSM and sex work;
6. Regional assistance to resolve specific policy blockages and to monitor and respond to human
rights violations.

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1 Introduction
1.1 Background and objectives
This Scoping Exercise is part of a broader study of the HIV legal and policy environment conducted
in three Phases. Phase 1 comprised a review of literature on legal and policy issues affecting Asia
Pacific countries. Phase 2 comprised a Scoping Exercise of five Pacific countries and Pacific regional
initiatives. Phase 1 and 2 Reports were finalised in 2009. Phase 3 comprised a Scoping Exercise
focusing on Indonesia and Asia regional initiatives relevant to AusAID priority countries, identified
for the purposes of this study as Indonesia, Burma, Cambodia and Lao PDR.
As a result of the Phase 1 literature review, agreement was reached with AusAID on focus issues for
Phases 2 and 3. The agreed focus issues for Indonesia were policy, law and law enforcement relating
to: (i) sex work, with a focus on Papua and West Papua; (ii) MSM1; and (iii) IDU. The agreed focus
issues for regional activities were policy, law and law enforcement relating to: (i) IDU; and (ii) MSM.
The objectives of the Phase 3 Scoping Exercise were:

i. to undertake a mapping, review and gap analysis of interventions to strengthen the legal and
policy enabling environment for HIV responses, focussing on Indonesia and the role of
regional initiatives relevant to AusAID priority countries; and
ii. to identify opportunities and provide recommendations for AusAID to strengthen this area of
the HIV response.
Legal and policy initiatives at country level for Burma, Cambodia and Lao PDR were not part of this
Scoping Exercise. Country level activities for these countries have been scoped separately by the
HIV/AIDS Asia Regional Program (HAARP 2009) and by the MSM Scoping Exercise (Lowe 2009).
1.2 Methodology
The key steps in undertaking the Phase 3 Scoping Exercise were:

i. Document review: The review included national strategic plans, other national policy and
programmatic documents and peer review literature. A reference list is at Annex VII.
ii. Mapping: The purpose of the mapping was to identify current activities of AusAID and others
in addressing HIV law and policy to identify gaps in existing work. This required
identification of stakeholders, their activities and approach, including geographic location,
coverage, quality, sources of funding and duration. Information for the mapping was obtained
from the document review and interviews with key informants (Annex VI). Interviews were
conducted with AusAID, USAID, multilateral organisations, implementing agencies, non-
government organisations (NGOs), Indonesia’s National AIDS Commission and technical
experts. The Scoping Exercise required mapping of legislation and policies that are currently
in place (Annex I and Phase 1 Report), and mapping of existing and proposed activities to
address law and policy priorities. The mapping of Indonesia law and policy activities is at
Annex II. The mapping of Asia regional law and policy activities is at Annex III.
iii. Analysis: Following completion of the document review and key informant interviews, an
analysis of all information was undertaken to develop findings and recommendations. The
analysis involved identification of needs, the gaps in existing work, and potential
opportunities for additional support, taking into account:
a. national strategic plans, regional and country contexts, and division of labour;
1
‘MSM’ is defined broadly in this study to include transgender people. MSM is used as a behavioural term to refer to biological males who
have sex with other males. It includes biological males with a transgender identity.

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b. the priorities of the Accra Agenda for Action relating to: country-led responses; South-
South co-operation (observing the principles of equality among developing country
partners and respect for their sovereignty, cultural diversity and identity); deepening of
engagement with civil society organisations as independent development actors; and
building more effective and inclusive partnerships for development;
c. future plans of other donors and opportunities for collaboration and delegation; and
d. how to involve people living with HIV (PLHIV), MSM, IDUs and sex workers.
Key themes explored were: support to law and policy reform and improvements to policing of people
who use illicit drugs, sex workers and MSM; community mobilisation and advocacy for rights-based
policy and legal responses; and leadership programs.
1.3 Approach
Australia’s International HIV Strategy (‘Intensifying the Response’ AusAID 2009) states that
Australia will improve legal and policy frameworks by:
i. supporting governments to review and improve the laws and policies that address
discrimination against people living with HIV and bias against people at higher risk of
infection, and to remove legal impediments to accessing HIV services;
ii. supporting governments to review and improve the laws and policies that address gender
inequality and promote the empowerment of women;
iii. supporting the implementation of policies and laws through education and training for service
providers, law enforcement personnel, the media, and decision makers by involving affected
communities and people living with HIV;
iv. a whole-of-government approach that promotes partnerships between health and law
enforcement in developing and implementing policy.
In addition to these approaches, the Scoping Exercise applies the approach that legal challenges
should be addressed through the following interventions, in the following order of priority:
i. community empowerment and mobilization on legal and policy issues;
ii. improved law enforcement practices; and
iii. legislation and law reform. (UNAIDS 2008)
Community empowerment to influence laws and policies and to access the legal system is the first
priority for action, recognising that socially marginalised populations often do not know about the law
or how to claim legal rights through the legal system. Advances in fighting HIV can be made where
affected communities have been educated in rights-based approaches and mobilised through advocacy
to claim their rights and influence national policy agendas. Accessible legal aid services and human
rights monitoring support a community empowerment approach.
A focus on law enforcement requires addressing how police and judges enforce laws. Law
enforcement affects access of IDUs, MSM and sex workers to HIV services and to protection from
violence and discrimination. Police harassment of vulnerable populations can be a significant barrier
to effective, peer-based HIV responses. Law reform to enable IDU harm reduction services to operate
effectively and to decriminalize sex between men and sex work may not be feasible in the short term
due to religious and political factors. In advance of law reform, pragmatic solutions can be negotiated
at the operational level by working in partnership with local police, judiciary and community leaders.
Law reform can be a lengthy process and should be understood as a longer term goal than
community empowerment and engaging the police and judiciary. Criminal sanctions against IDUs,
MSM and sex workers and criminalisation of HIV transmission contribute to stigma and drive
vulnerable populations underground, making it more difficult for HIV prevention services to reach
them, and provides opportunities for police harassment and corruption. Instead, supportive laws
providing legal redress for HIV-related discrimination and human rights violations should be enacted.

2 Indonesia
2.1 Overview of support to the Indonesian HIV legal and policy response
Under the leadership of the National AIDS Commission (KPA), the national HIV response is regarded
as well co-ordinated and there are good relations between donors, multilateral agencies and
Government of Indonesia (GOI). This provides opportunities for joint advocacy and coordination of
effort to improve the enabling environment. However, the overriding priority for development
partners has been to manage scale-up of services for most at risk populations. The major recent
priorities of KPA, UNAIDS and AusAID at national policy level have been development of the
National AIDS Strategy and Action Plan 2010-2014 and support to GOI in complying with the
processes and requirements of the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global
Fund). Specific legal and policy issues that impact on PLHIV, MSM, IDUs and sex workers, such as
the need for protections from police abuses and discrimination in health care and employment, are
considered important but less pressing by development partners, and are often neglected as a result.
Donor legal and policy responses

The main sources of donor support to Indonesia’s HIV response are the Global Fund, USAID and
AusAID. Since 2008, external support to the national HIV response has primarily been delivered
through four mechanisms:
i. the AusAID-funded HIV Cooperation Program for Indonesia (HCPI);
ii. the USAID-funded Aksi Stop AIDS (ASA) project, implemented by FHI;
iii. Global Fund projects, implemented by GOI and Indonesian Family Planning Association; and
iv. Indonesia Partnership Fund for HIV/AIDS (IPF), comprised of contributions from UK
Department for International Development (DFID) and AusAID, to support the KPA
workplan, NGOs and a rapid response facility.
Global Fund has emerged as the dominant source of funds. Increasingly, Global Fund project
workplans set the parameters for the focus and priorities of the funded national HIV response. Global
Fund grants are enabling significant new programming for IDUs, MSM and sex workers in priority
provinces. The focus is on scaling-up services. The model for addressing sex work supported by
Global Fund includes some attention to local structural factors, such as supportive Perda (local by-
laws). However, the Global Fund workplan does not encompass support to national and provincial
agencies (e.g. KPA, KPAP, and Indonesian legal institutions) to build legal and policy capacity to
address HIV and to promote effective legislative and law enforcement models nationally.
DFID contributions to IPF cease in March 2010, which will leave a significant gap in the response. In
2009, IPF funded 78 percent of the policy development budget of the KPA. Without additional
contributions to IPF, this level of support to KPA’s policy role will not be maintained.
The Global Fund projects and USAID-funded ASA project are for scaling-up delivery of services and
do not give specific priority to legal and policy issues. In addition to the ASA project, USAID funded
a smaller, more focused project on HIV policy, the Health Policy Initiative (HPI), which ended in
2009.
There has been a division of labour between AusAID and USAID. AusAID has focused primarily on
harm reduction issues relating to IDUs and prisons, whereas USAID has focussed primarily on sex
workers and MSM. USAID funding has been mainly for local NGOs working with most at risk
populations. AusAID funding is mainly for strengthening the National and Provincial AIDS
Commissions (KPA and KPAP) and to enable GOI agencies to work with civil society organisations
(CSOs) to deliver harm reduction services to IDUs and prisoners. AusAID has had a lesser profile
than USAID on sex work and MSM issues, and has generally limited its engagement on sex work and
MSM to Papua and West Papua Provinces (Tanah Papua) and Bali.

AusAID has had strong partnerships with GOI national agencies, particularly KPA, Ministry of
Health (MOH) and Ministry of Law and Human Rights (DepHukHam), and has engaged actively in
areas of national policy relevant to its focus, particularly harm reduction policy. USAID’s ASA
project has focused most of its efforts on supporting services at district level rather than on national
policy. ASA has had limited engagement in specific areas of national policy to support its program
focus areas (e.g. prisons). USAID’s HPI project supported sub-national policy processes to
complement ASA, but informants generally regarded it as being a low-key activity that had minimal
impact on the national legal or policy agenda.
AusAID’s HCPI program aligns closely to GOI systems, which requires engaging with GOI policy,
particularly at provincial level. For example, AusAID support through HCPI in Bali is fully integrated
with and delivered through the Provincial AIDS Commission. In Java and Bali, HCPI provides
support to harm reduction services through GOI’s public health and prisons systems. HCPI also
provides co-financing to existing activities of GOI counterparts. HCPI and National and Provincial
AIDS Commissions jointly fund a program of advocacy, policy development, training and
institutional strengthening activities.
In addition to HCPI, AusAID provides support to the national HIV policy and legal response through:
• funding to IPF (AUD$1 million in 2009), primarily to support the KPA workplan. (IPF was
established in 2005 with funding from DFID. DFID contributions end in March 2010).
• capacity building partnerships between Australian organisations and Indonesian counterparts,
e.g. through the HIV Consortium (which is contracted by AusAID Canberra).
The division of labour between AusAID and USAID is undergoing change. In 2009-2010 AusAID is
supporting the MSM response at national level as a new area of focus. This is being delivered through
funding of KPA for a national MSM plan and a nationally coordinated MSM program that supports
Global Fund MSM activities in key provinces. AusAID also contributes to the national MSM
response by supporting GWL-INA (the national CBO for MSM and waria (transgender people)). This
support is provided through HCPI and Australian Federation of AIDS Organisations (AFAO) (as a
member of the HIV Consortium).
USAID’s ASA project completes in 2010 and USAID is commencing a new program of assistance
(SUM I & II projects), which potentially enables it to have an increased influence on national policy,
although the primary focus will remain service delivery at district level. From 2010, USAID has
increased flexibility to focus on IDUs as a result of the decision of the US Government (USG) to ease
restrictions on funding of needle and syringe programs. USAID indicates that when the SUM projects
are awarded, there will be dialogue with KPA, AusAID and other stakeholders as to the focus of any
policy and legal work to be included in the SUM workplan. USAID’s expectation is that AusAID will
retain its leadership role in harm reduction policy and programs, but with USAID also playing a more
active supporting role. Under the SUM projects, there will be a reduction in the number of local
NGOs/CBOs receiving USAID support. This reduction is intended to enable more focused, intensive
support to high-need areas.
UN agencies legal and policy responses

Due to resource constraints, UN agencies have a relatively minor role in the overall national HIV
program response compared to AusAID, USAID and Global Fund. However, although they have
much smaller programs than the bilateral donors, UN agencies play an important strategic role and
have significant ability to influence policy and legislative agendas, due to their convening power,
technical leadership and high level of influence at national level (e.g. through the WHO/MOH Joint
Review of the health sector response to HIV (2007), and through UNAIDS facilitation of the
UNGASS reporting process to the UN on progress against the UN Declaration of Commitment on
HIV/AIDS). UNAIDS has played a key role in supporting the Global Fund CCM, and both UNAIDS
and UNDP were key to the establishment of IPF.

Civil society legal and policy responses

Indonesia’s civil society HIV response is heavily reliant on donor funding. AusAID has a long history
of support to the national NGO Spiritia (which has also received support from other donors and
UNAIDS), which represents views of PLHIV in national forums. The civil society response at the
national level is small but dynamic, and has been developing rapidly over the last two years. There is
great potential for civil society to be a stronger player at the national policy table, but it will require
several years of sustained investment in organisational and individual capacity building for
community advocates and their organisations to reach their potential in being able to shape and
influence national policy and the legal environment.
A recent development of significance to the national law and policy response is the emergence of
national networks of PLHIV and most at risk populations (MSM and waria, IDUs and sex workers).
KPA has demonstrated a willingness to support and accommodate these groups in policy processes,
although few individuals involved in these groups as yet have the skills to be able to fully participate
in policy development. These networks are only just beginning to function and operate with financial
and technical support from KPA, IPF, UN agencies, AusAID, AFAO and Burnet Institute.
To some extent, the concerns of these networks are overlapping: e.g. the agenda of the sex worker
network includes consideration of issues affecting waria sex workers. Of these networks, the gay,
MSM and waria network is functioning most effectively (with over 150 member organisations),
whereas the drug user network is considered less effective in national advocacy. The gay, MSM and
waria network has benefited significantly from support of AusAID and AFAO through the HIV
Consortium, and through AFAO’s independent International Grants Scheme.
Outside of the HIV CBO sector, CSOs engaged on HIV legal and policy issues are limited to some
MSM advocacy groups (e.g Arus Pelangi, Gaya Nusanatara), drug policy reform organisations and
the Community Legal Aid Institute (LBHM). LBHM provides legal services, human rights advocacy
and community legal education, and is proposing to develop a legal aid service for PLHIV in 2010.
Law and justice sector

AusAID and USAID are the two major donors supporting the law and justice sector. Neither donors
have a history of addressing HIV in law and justice sector programming although AusAID’s HIV
projects have worked with the Parliament and the Ministry of Law and Human Rights. Both AusAID
and USAID have new justice programs commencing in 2010. AusAID’s new program, Australia
Indonesia Partnership for Justice (AIPJ), will specifically address HIV. AIPJ is currently in design
phase.
AIPJ provides an important opportunity for AusAID to support HIV responses of Indonesia’s legal
institutions and to introduce a strong human rights approach to inform how the law and justice sector
plans and implements HIV responses. AIPJ could deliver this through supporting legal aid services
and education about legal rights for PLHIV and most at risk populations; capacity building of the
Human Rights Commission, judiciary and law enforcement agencies in HIV and human rights issues;
and promoting compliance with human rights principles in national and local legislation.
2.2 Key gaps and priority needs
With the advent of the Global Fund, funding available to support Indonesia’s HIV response has
increased significantly. However, the vast majority of these funds and those of the bilateral donors
have been invested in scaling-up prevention and treatment services. KPA and other key informants
acknowledged that the legal and policy environment remains a neglected area of the response. Recent
debates over the potential for the new Narcotics Law 2009 to undermine HIV prevention efforts have
highlighted the need for development partners to have a stronger focus on the enabling environment.

There have been periodic, small-scale efforts to address law reform and law enforcement issues, but
there has been no systematic or co-ordinated national legal response to HIV. There have been some
instances of focused advocacy and engagement by donors, KPA and UN agencies, particularly in
areas that have had a direct impact on scale-up of services, such as the Health Law, Narcotics Law
and work on the national harm reduction and prisons policies and regulations. Otherwise, there has
been little attention given to the overall national legislative and law enforcement environment for HIV
responses by donors, the UN or the KPA. This is partly because, apart from the Narcotics Law and
prisons regulations, there are few national laws that directly impinge on work with most at risk
populations. Laws that are presenting barriers to HIV responses are mainly those that operate at the
provincial and district levels. The decentralisation of law-making powers and the complexity of law
enforcement (involving the National Narcotics Bureau (BNN), national police, local police and
military) means addressing the legal environment is a complex undertaking.
AusAID has a clear and acknowledged comparative advantage in IDU harm reduction and is
providing leadership on related laws and policies. This role should be sustained and strengthened,
including support for community-based advocacy. In assessing its role and priorties, it is important
that AusAID build on its existing policy and program strengths and partnership relationships with
GOI and civil society, rather than gap-filling on an ad hoc basis. Significant gaps and priority needs
relating to the HIV legal and policy response in Indonesia include:
1. Community empowerment
Sustaining the national CBO networks and local CBOs in priority districts as advocates for
improved law, law enforcement and policy
The national CBO networks are still fragile, and require predictable funding so that they can focus on
consolidation and organisational strengthening. Strong CBO networks for MSM/waria, IDUs, sex
workers and PLHIV are required, so that the specific role of each sub-population in the HIV response
and their legal and policy priorities are understood and acknowledged by GOI and development
partners. It is anticipated that the number of local CBOs and NGOs supported by USAID under SUM
II will reduce to around 25-30 compared to over 60 that have been receiving funding under FHI/ASA.
This reduction will impact the viability of many local MSM, drug user and sex worker groups, which
form the membership and give mandate to the national networks. NGOs are also being adversely
affected by the exhaustion of DFID funding to IPF. From 2008-2010, IPF provided USD$2.69 million
for NGO grants, but with DFID’s withdrawal this assistance ends in March 2010. This will mean
reduction of local community-based advocacy capacity at both local and national levels.
Low cost legal aid models and community legal education

Legal aid services and access to information or education about legal rights, enforcement options and
complaints mechanisms for PLHIV, drug users, sex workers, MSM and waria are minimal or non-
existent. There are low-cost models for the delivery of legal advice and support through paralegal
schemes that could be applied in the context of HIV. These could involve promoting alternative
dispute resolution processes such as negotiation, conciliation and mediation, which are less costly and
time-consuming than seeking redress through the formal legal system. Establishing paralegal legal aid
services could also provide a mechanism for identifying law and policy reform priorities, by
documenting client problems for use in advocacy. Provision of legal education and advocacy training
on HIV and the law to PLHIV, IDUs, sex workers and MSM is a priority. Legal education and
programs to promote legal and human rights literacy can help to generate confidence in the legal
system, which is generally lacking among HIV-affected communities.
Anti-stigma campaigns
PLHIV, MSM, waria, sex workers and (particularly) IDUs are stigmatised populations. Education and
awareness campaigns are required that combat stigma by portraying these populations positively and
by addressing drug use as a health issue rather than a criminal or moral issue. Promoting equality and
the right to health of stigmatised populations is important to the enabling environment. There is lack
of ongoing educational work to counter community perceptions of deviance and immorality

associated with these populations, which drives the epidemic underground. In the past there has been
awareness raising with parliamentarians through Positive Lives Exhibition at the Parliament and other
venues, work with religious leaders, study tours, the advocacy of the President’s Wife as the AIDS
Ambassador, and programmes by Indonesian authors artists and musicians in national media. There
need to be greater efforts to reach a broader cross section of society with anti-stigma campaigns.
Engaging and mobilising civil society and political leaders on HIV and its impacts as a human
development issue
KPA, UN agencies, AusAID, HCPI and FHI have a good track record in engaging religious and
political leaders and media professions. There is a need to build on these achievements and to keep
pushing the boundaries with this work, both nationally and in provinces where religious conservatism
has led to reactionary policies being pursued. Leaders need an understanding of how HIV impacts
society’s most marginalised populations and to link the discussion of HIV to human development.
This requires addressing HIV in the context of gender equality, the right to health and the human
rights of poor rural populations in Papua, sex workers, IDUs and MSM. A high priority should be
given to engaging religious leaders because of their moral authority and role as opinion leaders.
Leadership work is required to ensure broader community support for proposals to liberalise policies,
laws and law enforcement practices relating to sex and drugs.
2 Law enforcement
A co-ordinated national approach to HIV and harm reduction for the law enforcement sector
Indonesia lacks a comprehensive program to address HIV and law enforcement. A sub-strategy on
law enforcement should be developed, to support the Conducive Environment Program Area of the
National AIDS Strategy and Action Plan 2010-2014. This should:
i. address the role of police, judiciary and prosecutors in HIV prevention and combating stigma;
ii. promote harm reduction approaches to policing of IDUs, sex workers, MSM and waria;
iii. raise awareness of the health effects of incarceration in terms of HIV, TB and hepatitis C;
iv. encompass the national narcotics bureau (BNN), national police, local police and the military;
v. draw on law enforcement professionals to deliver the messages to their peers, which may
require looking to expertise in the region;
vi. encompass a range of capacity building approaches including training in priority districts,
development of locally relevant resources and policies, mentoring and professional networks,
and collaboration between agencies at national, sub-national and Asia regional levels;
vii. ensure a dual top-down and bottom-up approach: previous efforts to introduce human rights
approached have been criticised for only focusing on senior-level officers without addressing
local police and their relationships with communities (Davis et. al. 2009).
Harm reduction policies for law enforcement agencies

Consistent national law enforcement policies need to be developed to promote harm reduction
practices so that: police do not actively target for arrest IDUs attending syringe programs, methadone
clinics and other drug user health services; police do not arrest suspects for minor offences including
possessing injecting equipment and do not seize condoms as evidence; police divert IDUs from the
criminal justice system to health and welfare services and permit continued use of methadone or other
drug substitutes while in police custody. TA may be required to address this gap.
Promotion of diversion of drug users from prisons to treatment and care

Courts, prisons and health agencies should have a coordinated approach to referring drug users to
health and welfare services rather than prisons. Police services need to understand this as both a crime
prevention and health promotion approach. In 2009, Indonesian judges were issued with a memo from
the Chief Justice of the Supreme Court instructing the use of diversionary options when sentencing
i.e. to send drug users to rehabilitation, not prison. No agency is monitoring implementation of this
direction and it is understood that judges take an ad hoc approach. Supporting DepHukHam to
promote diversion and to monitor compliance with the Chief Justice’s direction is a priority.

Human rights monitoring, documentation and enforceable remedies for violations

The Human Rights Commission needs to be supported in establishing meaningful complaints-
handling procedures. Human rights NGOs need to be resourced so that they can actively monitor,
document and advocate cases of HIV-related human rights violations.
3 Law reform
Drug law reform, discrimination laws, and ensuring local laws support the national response
Prior to 2008, AusAID’s previous HIV project (IHPCP) had a history of working with national
parliamentarians e.g. in relation to narcotics legislation, in partnership with Indonesian Forum of
Parliamentarians for Population and Development. This has been less of a focus under HCPI.
Although UNODC and UNFPA have ongoing activities with parliamentarians at national level, this
area requires a more comprehensive response that also engages provincial parliaments in priority
provinces. Law reform priorities include ensuring that implementation of Narcotics Law does not
undermine harm reduction; promoting a consistent rights-based approach to Perda at sub-national
levels relating to HIV, drug use, sex work and homosexuality; and introducing laws protecting from
discrimination on the grounds of HIV, sexual orientation and gender/gender identity in relation to
health services, employment, education and police services.
National leadership on rights-based laws, including auditing of legislation against international

human rights standards
A high priority for the legal response is to assist GOI to promote clarity and consistency in legislation,
decrees, implementing guidelines, regulations and by-laws that govern implementation at different
levels of government. Draconian local laws can undermine supportive policy frameworks at
Provincial and District levels. There is a lack of national leadership and guidelines for provinces and
districts on HIV and to ensure a consistent and right-based approach to legislation affecting IDUs, sex
work and MSM. The guidance that has been provided by KPA and DepHukHam has addressed some
public health aspects of HIV and testing, but has not addressed the relationship between health laws
and criminal laws affecting IDUs, sex work and MSM.
No agency is monitoring the range of laws that affect drug use and sex work at national and sub-
national levels to promote coordination and harmonisation. Laws relating to drug control and harm
reduction are contradictory. For example, the Health Law, Narcotics Law and police legislation all
impact on drug use and require decrees to be made by implementing agencies. Consistent local,
provincial and national laws are require to address confusion and the inconsistency in approaches of
police, BNN and health authorities regarding implementation of important harm reduction initiatives
and the policy of diversion of offenders to rehabilitation.
Given recent legislative developments at national and sub-national levels, Indonesia would benefit
from a comprehensive audit of HIV-related legislation. Other Asia Pacific countries have audited their
legislation in terms of compliance with the UN International Guidelines on HIV and Human Rights
(Watchirs and Ward 2003). A consultative audit process that engaged CSOs, the legal profession and
national agencies such as KPA, DepHukHam and the Human Rights Commission would be a useful
approach to defining a law reform agenda. A national audit process could be designed which increases
Indonesian capacity to conduct human rights analyses of legislation.
Engaging Indonesian lawyers and legal institutions on HIV and human rights agendas
There is little evidence that the legal sector (lawyers’ associations, the judiciary, law faculties, courts
administrators) has engaged in HIV issues, except in the context of individual cases. Human rights
NGOs have provided profile to cases of rights violations, but there is no broader response to HIV as a
legal issue from the legal sector. A more systematic and coordinated response is required, which
introduces a preventive approach to addressing the human rights environment (rather than
highlighting problems after they have occurred). A priority is to establish a national forum for the
exchange of information and ideas on HIV and law, which could be based in an NGO or as a working
group of KPA. The recruitment of experts (senior police, judges, human rights lawyers and

academics) would give this forum authority. Indonesian institutions including DepHukHam need to
be supported to lead in identifying the agenda for a legal sector response. Local ownership is critical.
4 Cross-cutting priorities
Resourcing of KPA to strengthen its leadership and coordination role on policy and legal issues
KPA acknowledges that its capacity to address legal and policy issues is a gap. KPA propose that
donors provide funds through the IPF to enable KPA to establish a Law and Policy Unit. KPA has not
engaged on MSM policy issues until very recently. KPA’s capacity on MSM issues could be
strengthened through high level TA. KPA needs to strengthen its internal capacity to understand and
articulate MSM epidemiological and policy issues, so that it can engage other departments on the
issues, make the case for a human rights-based response, and push for liberalised policy frameworks.
A scaled-up response to sex work in Papua that involves sex worker NGOs and health
authorities working in partnership with law enforcement agencies, and supportive regulations
The lack of a comprehensive response to HIV prevention in Tanah Papua’s sex industry is a major
gap. To support Global Fund investments, laws need to be introduced requiring owners and managers
to be accountable for promoting use of condoms by clients of sex workers. Local NGOs need to be
supported, to reach workers engaged in the informal industry as well as those working in brothel
complexes. This requires engaging with Provincial and District authorities on sex work law and policy
and working in partnership with law enforcement agencies. Substantial additional resources are
required for a response to sex work that is of sufficient intensity and scale to make an epidemiological
impact. Regulations need to be introduced, promoted and enforced to assign accountability to owners
and managers of venues to provide condoms and to facilitate peer based HIV prevention education.
FHI pointed to examples of effective local responses where police, military local politicians and
service providers have collaborated through a community mobilisation approach. With a local HIV
law in place, Bupati (mayors) have convened stakeholders in participatory forums on HIV prevention.
Involving Offices of Justice and Human Rights at the local level can assist in introducing regulations
which support NGOs/CBOs, health officials, police and military to work in partnership.
Strengthening the law and justice sector to address corruption and increase access to justice
PLHIV, IDU, sex work and MSM communities have little confidence in the justice system. It is
perceived as corrupt and unhelpful. Involvement of police in the sex industry and policing of MSM
and drug use provide opportunities for blackmail, extortion and corruption. Access to the formal
justice system is limited, particularly for poor people. Supporting GOI partners to address these
systemic challenges should be a priority of donors’ justice sector programming. This will require both
a legal systems strengthening approach, and HIV-specific measures such as addressing corruption
issues involved with policing of the sex industry and illicit drugs, and educating legal institutions
about the social drivers of HIV, the legal implications of HIV status and its community impacts.
2.3 Opportunities and mechanisms for AusAID support
Criteria for prioritising options for AusAID support to legal and policy responses include:
• The principles of harmonisation and alignment, and importance of building more effective
and inclusive partnerships for development. The AusAID Indonesia Country Strategy commits
to work through government systems to ensure ownership and sustainability. The Strategy
recognises that the shift will be incremental and will be assessed on a case-by-case basis to
ensure risks are managed and fiduciary concerns addressed.
• The desirability of avoiding fragmented responses or adding to complexity by introducing
new stand-alone projects, and the importance of any new AusAID initiatives being positioned
within the framework of the existing bilateral partnership programs (AIPH and AIPJ).

• The desirability of building on pre-existing successful modalities e.g. AIPH as an overarching

framework for support channelled through HCPI, IPF (which has an existing structure and
leaves open the opportunity for other contributors) and the HIV Consortium.
Mechanisms that could be used by AusAID to address gaps in legal and policy response include:
1. Adjustment to the design of HCPI

The AIPH/HCPI design is in place until 2015. The existing design accommodates a focus on IDU law
and policy, and sex work in Papua, but does not emphasize MSM and related legal and policy issues.
A design adjustment could clarify AusAID’s program priorities to government counterparts, other
donors and civil society stakeholders in Indonesia and Australia.
2. Addressing HIV in AIPJ, and coordination between AIPJ and AIPH

AIPJ provides an important opportunity to address HIV within the context of broader human rights
and access to justice agendas. AIPJ’s capacity to address HIV will be enhanced by introducing
mechanisms for coordination between AIPJ implementers (including GOI partners) with AIPH/HCPI
(including GOI). In address policing issues, engagement with Australian Federal Police may be
important given their pre-existing relationships with Indonesian police.
3. Direct funding of Indonesian legal institutions

A strong case exists for donors to provide direct funding to Indonesian legal institutions (e.g.
government agencies, human rights organizations, law faculties and lawyers associations) to address
HIV law and policy. Direct funding promotes greater ownership of Indonesian institutions in the HIV
response, including DepKumHam. It may be desirable to locate such an arrangement within a justice
sector program, so that legal system HIV issues can be addressed alongside other human rights
priorities e.g. gender and disability.
4. Indonesia Partnership Fund for HIV/AIDS (IPF)

There is little flexibility in the current HIV funding environment in Indonesia. Most of the funds
provided by the three dominant funders (Global Fund, AusAID, USAID) are programmed with
limited capacity to respond to emerging issues, such as sudden introduction of draconian local laws or
policies, or police crackdowns. IPF is a flexible, government owned and aligned funding mechanism
that could respond to emerging issues. KPA had previously relied on IPF for its workplan, but current
IPF funds are insufficient for this purpose.
5. Capacity building of civil society partners

Capacity building partnerships between Australian CBOs and Indonesian partners could be a source
of assistance to strengthening the PLHIV, sex worker and drug user networks. Capacity building
partnerships between Australian legal and human rights experts and Indonesian legal and human
rights groups could also address gaps in the response.
6. Donor partnerships
The principle of donor harmonisation suggests that options for joint programming should be explored.
In some respects, USAID and AusAID interests are converging, as AusAID engages more in MSM
and USAID engages more broadly in IDU issues. It is therefore timely to examine mechanisms for
pooling resources for particular issues that could be jointly supported. USAID have had a very
different approach to relationships with GOI agencies than AusAID, and have not previously
supported the IPF. Short of pooling funds, donor coordination meetings could be useful in the context
of the commencement of the new AusAID and USAID justice programs, as it would allow for
discussions about complementary approaches in both the HIV and justice programs of both donors.
In 2010-2011, USG’s Office of Global AIDS Coordinator will be negotiating a Partnership

Framework with GOI for additional HIV support. AusAID and other development partners may be
invited to participate in the partnership. USG will contribute approximately USD$5 million to the
partnership. Early discussions indicate that USG are interested in investing in Papua, but a decision

will be made after a consultative mission and discussions with GOI. An option will be for these funds
to be channelled through the IPF. Discussions on the Partnership Framework present an opportunity
for development partners to argue for law and policy activities to be funded as a part of a package
and/or to supplement USG’s investment with additional funds earmarked for law and policy.
7. Contributing to UN-led responses

UN agencies can have an advantage in that they may have more influence with government and may
have greater opportunities for high-level direct advocacy than bilateral programs. However, UNAIDS
in Indonesia has no distinct comparative advantage in MSM law and policy as compared to other
implementers such as HCPI. UNODC has expertise in drugs and is able to engage with law
enforcement officials, but has limited capacity. UNFPA has expertise in some areas of sex work, and
could have an operational advantage in Tanah Papua, in that it does not face the difficulties that
AusAID sometimes experiences associated with bilateral policy tensions over Papua. Some
informants indicated concerns about channelling funds through UN agencies at country level due to
risk of bottlenecks and delays in achieving outcomes from funds invested. In new areas requiring
focused effort, it can be more effective in terms of rapid outcomes to implement through bilateral
programming.
Australia’s contribution to UN responses could be more indirect, by exercising influence to ensure

legal and policy enabling environment issues are higher priorities in country workplans. As a major
funder, AusAID is able to hold UNAIDS to account against the commitments made in the global
AusAID UNAIDS Partnership Framework to address legal and policy barriers as a priority in 2010-
2012. The finalisation of the Indonesia UN Development Assistance Framework (UNDAF) 2010-2014
may also provide an opportunity to exercise influence.
8. Direct advocacy
AusAID has been effective in direct advocacy on HIV in Indonesia. Australia’s AIDS Ambassador
co-convened an AIDS Ambassadors meeting at the International Congress on AIDS in Asia Pacific
(ICAAP), which influenced the President of the Republic of Indonesia to refer to the importance of
partnerships with national networks of PLHIV, MSM, IDUs and sex workers, and their active
involvement in planning, implementing, monitoring and evaluating the national response. This had
enormous significance in legitimising the role of these communities. Direct advocacy by donors could
be used as an approach to promote a greater emphasis on legal and policy issues in Global Fund
proposals, to promote harm reduction and rights-based approaches as effective in achieving public
health outcomes, and to advocate to GOI to allocate funds to HIV policy and law (e.g. to support KPA
to address law and policy and DepHukHam to develop legal aid services for PLHIV, IDUs, MSM and
sex workers).

3 Asia regional initiatives
3.1 Focus of the Scoping Exercise at the regional level
The Scoping Exercise Terms of Reference requested that the regional mapping have a specific focus
on the MSM and IDU-related law and policy activities of 13 organisations and initiatives (listed in
Annex III: A,B). These are regional, community-based organisations or networks, or regional INGO
and UN initiatives that have a significant focus on civil society, advocacy and leadership. Seven of
these 13 organisations are receiving AusAID support. The Scoping Exercise included consideration of
the benefits or risks in extending AusAID funding to these organisations beyond existing
commitments. The mapping identified a further seven organizations of particular relevance to regional
MSM and IDU legal and policy responses (ANNEX III: C), some of which also have a history of
support from AusAID.
The Terms of Reference requested an emphasis on civil society responses. In relation to IDU harm
reduction, the Terms of Reference did not require that the regional mapping include AusAID’s
HIV/AIDS Asia Regional Program (HAARP), or its existing partnerships with UNODC and
UNAIDS, but should focus instead primarily on CSOs working regionally on harm reduction law,
policy and advocacy. Therefore, the Scoping Exercise does not map in detail the activities of the
HAARP Technical Support Unit or the UN Regional Taskforce on HIV/AIDS and IDU (UNRTF).
3.2 Overview of Asia regional support to HIV legal and policy responses
AusAID, USAID and UN agencies are the main sources of funds for responses at the regional level to
MSM and IDU legal and policy issues.
3.2.1 AusAID
AusAID provides support to the following international and regional NGOs/CBOs with activities on
HIV advocacy, policy and law:
i. International HIV/AIDS Alliance (the Alliance);
ii. Asia Pacific Network of People Living with HIV and AIDS (APN)+;
iii. Asia Pacific Council of AIDS Service Organisations (APCASO);
iv. 7Sisters; and
v. Asian Network of People who use Drugs (ANPUD).
Support is provided through project grants, funding agreements, partnership arrangements managed
by the HIV Consortium and extra-budgetary funds provided to UNAIDS for the purpose of support to
regional CBO networks. In addition to AusAID’s annual core contribution to UNAIDS at the global
level, AusAID provides AUD$4.5 million per annum (committed for 2010 and 2011) in extra-
budgetary support to UNAIDS Regional Support Team Asia Pacific (UNAIDS RST), a significant
amount of which is used for Asia regional policy and advocacy activities (see 3.2.3), including those
of the Asia Pacific Leadership Forum on HIV/AIDS and Development (APLF).
Injecting drug use and harm reduction law and policy

Since the mid-1990s, AusAID has demonstrated leadership on IDU harm reduction law and policy in
Asia, primarily as a result of the success of programming at country-level in Indonesia and Greater
Mekong Sub-region (GMS). In addition to country-level activities, AusAID has supported regional
initiatives relevant to harm reduction law and policy including:
i. Participation as donor representative and, prior to 2008, funding of the UNRTF secretariat
(convened by UNODC and UNAIDS);
ii. Support and TA through HAARP to the Asian Consortium on Drug Use, HIV/AIDS and
Poverty for the Response Beyond Borders First Consultation on the Prevention of HIV

Related to Drug Use (2008), and sending participants and supporting sessions at the Second
Consultation (2010);
iii. Support to community-based responses through regional networks, channelled through the
partnerships managed by the HIV Consortium (which enables AIVL to support ANPUD, and
AFAO to support APN+ and APCASO) and through UNAIDS RST (which funds core costs
of APCASO, APN+ and 7 Sisters);
iv. Support to partnerships between Australian technical agencies (Turning Point Drug and
Alcohol Centre, Drug and Alcohol Services South Australia and Burnet Institute) and regional
counterparts under the AusAID Illicit Drugs Initiative 2006-2009, which produced a series of
regional resources including a Governance Toolkit (which addressed legal and policy
frameworks for GMS harm reduction programs) (Narayanan 2008), a Methadone
Maintenance Standards Framework and GMS Needs Analyses and Training Modules.
v. The regional component of the HAARP program. HAARP has produced a Law Enforcement
and Harm Reduction Manual (2009) as a regional resource, conducted a Regional Law and
Policy Review in 2009 and monitors legal and policy developments in the GMS, Asia and
globally. An aim of the regional component of HAARP is to promote regional co-operation
and address cross-border issues, among bilateral and international agencies, country partners,
CSOs and NGOs. HAARP does not generally engage in regional advocacy efforts. Instead,
HAARP provides programmatic evidence for AusAID (both Bangkok and Canberra) to take
the harm reduction policy agenda forward. The focus of HAARP’s advocacy activities is at
national and sub-national levels. HAARP support to regional activities is for exceptional
opportunities assessed on a case-by-case basis (e.g. TA support to the parliamentary stream of
the 2010 Response Beyond Borders regional meeting). HAARP also shares information on
drug policy issues with the Australian National Council on Drugs and its Asia Pacific Drug
Issues Committee (the chair and two individual members have been invited as rotating experts
in the 2nd and 4th HAARP Board meetings).
vi. Support to Nossal Institute for Global Health (2008-2011) for research and associated
seminars on the impact of harm reduction on law enforcement in Vietnam, Lao PDR and
Cambodia.
MSM
Until recently, AusAID has had very little engagement on MSM issues at the regional or country level
in Asia. The first significant contribution at the regional level was AusAID’s support of the
International Consultation on Male Sexual Health and HIV in 2006. This meeting gave rise to
APCOM, which has since become an important advocacy player at the regional level. In 2009,
AusAID invested AUD$3 million in MSM initiatives at country level in Burma, Indonesia and PNG.
However, since the 2006 meeting, AusAID has not funded specific MSM initiatives at regional level.
3.2.2 USAID
USAID is the largest provider of funding for civil society MSM responses in the GMS and provides
support to country level and regional level initiatives. For the last decade, USAID has been the lead
donor on MSM law and policy in Asia and has focused its support largely on CSOs in the GMS,
including core funding to the sub-regional MCM CBO network (Purple Sky Network: PSN).
USAID support to regional legal and policy activities is primarily through project activities of
RTI/HPI and FHI. The HPI focus has been MSM and PLHIV. USAID confirmed its MSM focus
globally through a change in PEPFAR policy in 2008 to require investment in MSM programs. In
South East Asia, this USAID priority has primarily been implemented through support to PSN, HPI
(which has implemented a range of regional and country level policy and advocacy activities), and the
FHI Analysis and Advocacy (A2) project implemented by FHI (primarily at country level). The A2
project has addressed MSM, PLHIV, sex work and IDU issues, with a focus on how epidemiological
evidence informs advocacy in Thailand, Vietnam and China.

Some senior USAID officers engage in IDU policy through forums such as UNRTF. USAID indicate
that the level of engagement in IDU policy in Asia is expected to intensify as a result of the change to
USG policy in 2010 to be supportive of syringe programs and new PEPFAR guidelines on harm
reduction policy and programming.
3.2.3 UN agencies
The Commission on AIDS in Asia Report (2008) was a highly significant UNAIDS contribution to the
regional response and placed enabling environment issues affecting IDUs and MSM squarely on the
agenda. UN agencies have escalated their focus on legal issues as a result of Joint Action for Results:
UNAIDS Action Framework 2009-2012. One of the nine focus areas of the framework is to remove
punitive laws, policies, practices, stigma and discrimination that block effective responses.
WHO leads on health sector policy and participates in the UNRTF on HIV/AIDS and IDUs. WHO
convened a regional consultation on the health sector response to MSM in 2009 and is currently
engaged in a situation assessment of MSM national policy and program responses.
UNAIDS provides support to a broad range of civil society and political leadership initiatives through
APLF. UNAIDS has provided a mechanism for AusAID funding of regional CBO networks
(APCASO, APN+ and 7 Sisters) and support to AIDS Society Asia Pacific for regional conferences.
Under the AusAID UNAIDS Partnership Framework, key areas for collaboration 2010-2012 include
joint advocacy on legal and policy barriers including joint meetings/events. The intention is that
UNAIDS Regional Support Team will lead in developing a workplan incorporating legal and policy
advocacy. The 2010 workplan is in development but will not be finalized until April 2010. This
provides an opportunity for AusAID to influence the agenda, e.g. by ensuring legal and policy issues
related to MSM and IDU are clear priorities.
Regional activities of the 2008-2009 UNAIDS Workplan included mapping of human rights laws,
regional review of advocacy against discrimination by human rights commissions, promoting
accountability for universal access through ASEAN, establishing a regional forum for heads of
national AIDS commissions, ensuring the effective functioning of the Technical Support Facility
South East Asia Pacific, supporting UN regional taskforces (including the UNRTF on HIV/AIDS and
IDUs), supporting regional civil society meetings on UNGASS and universal access reviews, and
establishing a regional data hub (which published a report on legal issues in Asia Pacific affecting
MSM, IDUs and sex workers in 2009). UNAIDS is also responsible for strengthening HIV responses
in the context of security and uniformed services, and convened Regional Forum on Engaging Police
Forces in AIDS Responses in Asia and the Pacific in 2009 (HAARP funded a delegation to attend and
technically supported this Forum on the issue of law enforcement training on harm reduction).
For 2010-2012 work plans are yet to be approved but there are planned efforts to address the legal
barriers, through work with parliamentarians and lawyers, police, judges, as well as stigma and
discrimination through work with media and religious leaders. This includes reviews of existing legal
frameworks, regional thematic meetings of parliamentarians and lawyers followed by country-level
work to change laws as well as to minimize harm from inappropriate law enforcement. The RST work
plan is to include a strong focus on traditional and formal laws, access to justice and law enforcement.
UNAIDS RST works closely with UNDP, UNIFEM, OHCHR, IDLO, APN+, Seven Sisters and
others in relation to human rights. Priorities include gender, travel restrictions and criminalization.
Under the division of labour among UN agencies, UNDP leads on human rights generally as well as
MSM HIV issues. UNDP is considered to have been providing strategic leadership on regional MSM
legal and policy initiatives since 2009. UNDP will convene a regional consultation on HIV and
human rights in Asia Pacific in 2010, which will provide an advocacy opportunity. UNDP is also
engaging community representatives and technical experts linked to the Asia Pacific Coalition on
Male Sexual Health (APCOM) in an ongoing consultative study and dialogue on MSM legal issues.

UNDP is also exploring options for establishing a Judicial Leaders Network on HIV, to support
current and retired judges to raise awareness of HIV-related issues amongst the judiciary.
UNODC leads on drugs issues and engages in a broad range of regional initiatives relevant to drug
user law and policy, including important recent work with police e.g. technical support to the 2009
Regional Forum on Engaging Police Forces in AIDS Responses in Asia and the Pacific. UNESCO
Asia Pacific has long supported MSM work, principally in the GMS, providing high level leadership
in working directly with governments and donors. This role has diminished in 2009 with departure of
key technical staff. ILO has provided support regarding workplace discrimination policies, with a
PLHIV focus. UNIFEM is working with the women’s group of APN+, enhancing the capacity of
HIV+ women’s groups and supporting their role in leadership.
Office of High Commissioner for Human Rights (OHCHR) conducted an Asia Pacific regional
consultation on HIV/AIDS, law and human rights in 2004, which addressed IDU and MSM. More
recently, the OHCHR Regional Office has strengthened its coordination with UNAIDS and is
supporting human rights -bases programming of national UN Joint Teams on HIV/AIDS and
strengthening National Human Rights Commissions to address HIV related human rights violations.
3.2.4 Global Fund
Global Fund is not currently providing funding for regional MSM or IDU activities in South East
Asia. However, in 2009 the Global Fund provided funding for a regional MSM project proposal for
South Asia (submitted in Round 9 by UNDP and three NGOs), which includes South Asia regional
policy activities. The South Asia grant will fund a regional resource centre and support to CBOs to
engage in regional policy development, advocacy for law reform, and multi-country research. The
South Asia project demonstrates that Global Fund is a potential future source of funds for regional as
well as country-level responses, and may provide a model for a GMS or other sub-regional MSM
project proposal.
All countries in the GMS and Indonesia have included MSM as a key target population in their Global
Fund Round 8 and/or 9 submissions. Global Fund is committed to action to encourage proposals
addressing MSM as a result of the Global Fund’s Sexual Orientation and Gender Identity Strategy
(2009). Asia regional consultations on this Strategy in 2009 provided an opportunity for CBOs to
advocate for stronger MSM components in country proposals to the Global Fund.
3.2.5 Other donors and funders
RTI and amfAR are US-based not-for-profit organisations that provide some support to MSM and (in
the case of RTI) IDU advocacy activities from their own privately generated funds. RTI is
implementing a new HIV Asia regional project commencing 2010, funded independently from
USAID, which will include MSM and IDU policy issues.
Although a much smaller player in the region than USAID and AusAID, Swedish International
Development Cooperation Agency contributes to the regional policy response through funding the
UNRTF, a cross-sectoral forum convened by UNAIDS and UNODC for harm reduction policy
discussions attended by government, community and donor representatives. AusAID has funded
UNRTF in previous years.
HIVOS is a Netherlands-based foundation, primarily funded by Government of Netherlands, which

has provided small grants to support MSM regional activities (e.g. of APCOM).
Open Society Institute (OSI) provides small grants to NGOs relating to documentation of human
rights violations against IDUs and related research.

International Development Law Organization (IDLO) initiated an HIV and Health Law Program in
2009 with IDLO core funds and funds from OPEC Fund for International Development. The program
goal is to protect and promote health through law by improving the legal and policy environment,
with an initial focus on HIV. IDLO has received AusAID International Seminar Support Scheme
funding for two regional activities in 2009: an Asia Pacific regional seminar on HIV legal services
and an Asia Pacific regional seminar on HIV law and policy.
ASEAN has a regional HIV/AIDS work plan, however ASEAN member countries have not
contributed funding to it. The establishment of the ASEAN Intergovernmental Commission on
Human Rights in 2009 may provide a forum in the future for raising HIV-related issues. The
Commission’s make up as an inter-governmental body and modest budget mean that it is considered
unlikely to be tackling sensitive drug policy or sexuality issues in its early years of operation.
3.3 Strengths and weaknesses of AusAID-funded regional activities
AusAID is currently providing support to the following regional organisations and initiatives that
engage in advocacy, leadership development, capacity building, technical assistance and a range of
other activities to influence and improve legal and policy environments for MSM and IDUs: the
Alliance, APLF, APN+, APCASO, 7 Sisters and ANPUD (through the HIV Consortium).
3.3.1 International HIV/AIDS Alliance (Alliance)
AusAID’s investment in the Alliance’s regional activities commenced in 2009 (AUD$640,000) and is
specifically for the South-East Asia & Pacific Technical Support Hub. The Hub is hosted by the
national NGO, and Linking Organisation partner of the Alliance, KHANA in Cambodia. The Hub is
already providing demand driven TA services for NGOs/CBOs in AusAID focus countries related to
MSM and IDUs, although this is mostly for issues relating to NGO/CBO organisational development,
management and service delivery. It is as yet unclear the extent to which TA will also relate to law,
policy and related advocacy activities. Hub management are open to being engaged in these areas, and
law and human rights are priorities for the Alliance globally. An example of the use of a Hub to
address MSM regionally is its role in sourcing local TA for the Situational Assessment of Policy and
National Responses to HIV infection among MSM in Asia commissioned by WHO (2009). This was
completed by the established Alliance South Asia Hub based in India.
As the Hub is introducing a south-south model for delivery of TA regionally, it is an important

initiative to support in its establishment phase. Plans include mentoring junior local consultants.
(including a recent training workshop by the SEAP TS hub for young consultants from across the
region, many from the community themselves, which focused on skills for providing TS on harm
reduction programming, incorporating many of the Alliance’s best practice standards and featuring
practitioners from across the Alliance’s IDU programmes such as Ukraine).
As yet, it is unclear what other features will distinguish the Hub’s approach from other TA sources or
how its effectiveness as a south-south approach and comparative advantage will be assessed. This
should become more apparent after its first year. AusAID’s commitment to the Hub is for a 20 month
period, with the expectation that it be self-funded thereafter. It is understood that the Alliance is
actively pursuing other partnerships and relationships, including one with the UNAIDS TSF, to help
place the Hub on a sustainable footing. The Alliance has joined the IPPF consortium in its re-bid for
the UNAIDS TSF for Southeast Asia and the Pacific (outcome pending).
The Alliance is recognised globally for its niche in advocating the interests of key populations,
including MSM and IDUs, and building the capacity of their CBOs. It has significant influence
internationally, ensuring MSM, IDU and other community voices are heard at UN and Global Fund
forums. This level of influence could be beneficial to civil society in AusAID priority countries.

Some informants were concerned about the lack of transparency by AusAID in allocating funding to
the Hub without a competitive process. If AusAID were to provide further support to the broader
Alliance workplan as it relates to advocacy, law and policy, a more transparent process should be
applied. The Alliance is also funded by USAID for MSM and IDU CBO support and community
mobilisation work in Burma and China, working in collaboration with HPI/RTI and FHI. Some
informants were also concerned that the Alliance works independently of the regional PLHIV
networks although this is to be addressed in 2010.
3.3.2 HIV Consortium
AFAO and Australian Injecting and Illicit Drug Users League (AIVL) are the Consortium members
with partnership activities most relevant to IDUs and MSM. AFAO provides partnership support to
APCASO and APN+ in leadership development, policy and advocacy (see 3.3.4 below).
AIVL’s support is focused on organisational strengthening of the Asian Network of People who Use
Drugs (ANPUD), which was established in 2009. ANPUD also receives technical support from
7Sisters. ANPUD provides networking for country member groups and a regional platform for IDUs
to raise human rights concerns, which is important given that many IDUs cannot be visible at country
level due to the criminalised context. AIVL’s support to ANPUD is highly regarded. As a successful
peer-based peak advocacy organisation, AIVL is well placed to provide support to ANPUD.
Informants cautioned that the policy and advocacy skills of ANPUD members are at very low levels
and require significant capacity development. ANPUD is likely to remain internally focused for some
considerable time, with its main task being provision of networking support to its members rather than
external advocacy.
The HIV Consortium as a mechanism for delivery of assistance will be subject to an AusAID mid-
term review in 2010. Informants commented that the Consortium is acting as an efficient management
mechanism delivering project outcomes, but that its members’ projects tend to operate in silos from
each other. The potential benefits of working regionally through a collaborative Consortium approach
have not yet been fully realised e.g. to date cross-fertilisation of ideas, learning and approaches
between projects and disciplines has been limited.
3.3.3 Asia Pacific Leadership Forum on HIV/AIDS and Development (APLF)
APLF supports country-level action, complemented by regional processes. Informants provided

mixed feedback on APLF. Detractors stated that there is scant evidence of outcomes or impact after
eight years’ investment. Some informants who were well-placed to make an assessment were unable
to identify specific activities or outcomes relevant to MSM or IDU law and policy in AusAID focus
countries. There is a concern that APLF’s leadership efforts may not be putting sufficient focus into
tackling sensitive or controversial issues in South East Asia, and that it is not engaging with or
supporting MSM, transgender or IDU community leaders. There have been some examples of APLF
results at country level e.g. in Cambodia, where the work of the First Lady has been significant in
addressing stigma against PLHIV. The relationship forged with the First Lady provides a very
important open-door for sensitive communication on issues related to sex work, drug use and MSM.
At the regional level, APLF provided support to ASEAN to review the ASEAN Work Programme on
HIV/AIDS II (2002-2005) and to prepare the framework for the ASEAN Work Programme on HIV
and AIDS III (2006-2010). ASEAN countries have not contributed to the workplan, which remains
unimplemented. The focus on ASEAN is considered by some to be non-strategic given ASEAN’s lack
of track record in delivering concrete outcomes for MSM and IDU communities at regional or
country-levels. ASEAN’s HIV project has co-sponsored a regional MSM consultation on service
packages, but has insufficient resources to implement or achieve impact at country level. APLF
observe that ASEAN is emerging as a stronger partner, with effective collaboration in the area of
women and HIV.

The HIV policy agenda for GMS countries and Indonesia has progressed significantly since APLF
was established in 2001. These countries already have comprehensive HIV policies and plans in place
that incorporate MSM and IDU harm reduction as priorities. APLF staff acknowledged that while
they and their Steering Committee members may have leveraged some successes, their work has not
been effectively linked to national strategies and is sometimes outside countries’ main focus. The
work of APLF champions has sometimes been ahead of (and therefore outside of) the national
strategic plan. The challenge is to bring the gains made into the national planning process, which
requires a high level of advocacy, especially for contentious areas such as sex work, MSM and IDUs.
Some informants argued that the priority challenge is now action to support implementation of
targeted interventions, which requires costing of national MSM plans, operational planning, local
policy support and support to establish and sustain local CBOs as advocates and implementers, rather
than a focus on national leadership. There may be some specific issues where national leadership can
still be pivotal, such as reversing the harmful policy of rapid scale-up of drug detention in GMS
countries, but increasingly the blockages are at sub-national levels. Harm reduction programs are
expanding to newer areas where local authorities and community stakeholders are being exposed for
the first time to a range of HIV programming and enabling environment issues.
APLF was favourably evaluated in 2009 and APLF management states a commitment to results-
oriented programming. APLF conducts some activities at the sub-national level as well as nationally
and regionally. The perceptions of weak performance may well be due to lack of investment in
communication of achievements, and the fact that much has been achieved through quiet diplomacy,
which cannot always be directly reported to external audiences due to political sensitivities. Much of
APLF’s focus has been in countries that are not AusAID priorities for this Scoping Exercise, such as
South Asia and China, where there are concrete examples of influence on issues such as
decriminalisation of homosexuality and national harm reduction policy. As APLF is housed within
UNAIDS, it enjoys high level access to governments.
3.3.4 APCASO, APN+ and 7Sisters
AusAID has provided two years of core funding for APCASO, APN+ and 7Sisters (2008-2009),
administered by UNAIDS RST. The objectives of this funding were to: (i) support APN+, APCASO
and 7Sisters to develop and implement plans that ensure their long-term financial sustainability; (ii)
strengthen civil society capacity to hold governments to account on universal access targets and to
contribute to UNGASS reviews; (iii) support APN+, APCASO and 7Sisters to develop the
organisational and advocacy capacity of national HIV civil society bodies in AusAID priority
countries (iv) strengthen south-south capacity building activities.
In 2009, a mid-term review was conducted. It recommended that division of labour among the three
networks should be better defined, duplication of efforts minimised and that there should be clearer
delineation of scope of deliverables, responsibilities and accountabilities. These recommendations
remain valid. The review found that areas facilitated by core funding were: (i) effective functioning of
the secretariats; (ii) access to resources or funding support of other donor agencies; (iii) advocacy
work at the national and international levels; and (iv) increased visibility of regional civil society
networks in High Level Meetings and policy-related international meetings. The review found that
APCASO and 7Sisters needed to address governance issues.
AusAID is currently finalising arrangements for a third year of support to these three agencies. It will
be important that action be taken to introduce monitoring and evaluation systems and to address
financial sustainability issues as part of this arrangement. Progress towards financial sustainability
will be a long-term endeavour. Core funding in the first year enabled each agency to attract further
funding. A steady flow of project funding can be anticipated from a variety of sources. This can
generate a proportion of the funds required to cover overheads. CBO networks can be expected to
have ongoing heavy reliance on donor support to cover core costs. Nonetheless, evidence of a planned
approach to resource mobilisation should be required. The mid-term review recommended a five year

financial commitment to core funding from AusAID, which would provide the stability required by
the agencies to undertake longer term planning. Given the demands on these small agencies from a
range of stakeholders, particularly the UN system, this appears reasonable.
The review recommended a move towards performance-based funding rather than an equal split of
funds between the organisations. It needs to be recognised that to function effectively a minimum
amount of funding is required for executive staffing, coordination, administrative and office costs. It
is arguably unreasonable to expect a regional organisation to operate with core funding of less than
USD$100,000 per annum.
APCASO: A number of informants considered APCASO to have a lower profile than other regional
CBO networks, and therefore questioned its impact. This low profile may be partly due to its
relatively isolated location in Malaysia rather than Bangkok, the focus of much project activity being
in South Asia and China rather than South East Asia, and a tendency to work behind the scenes with
members rather than at higher profile regional policy forums.
APCASO’s Community Advocacy Initiative is proving to be an effective model for supporting

community leadership by offering an ongoing program of advocacy capacity building through
workshops, mentoring, action planning and practical assistance. The Initiative is implemented by local
partner organisations in Indonesia and Lao PDR. This is beginning to demonstrate outcomes in
bringing CBOs and HIV service organisations together in Indonesia to identify common advocacy
priorities, to strategise and engage with the Human Rights Commission, KPA and other government
agencies on MSM, sex work and IDU issues. Community leaders are also mentored with lawyers to
develop knowledge and understanding of the legal process. Given the weak civil society context, the
work in Lao PDR involves a different approach with a greater emphasis on working with government
partners as well as CBOs. This Initiative could be strengthened through sharing of lessons between
countries and enabling local CBOs to input into regional advocacy opportunities in the lead up to the
UNGASS meetings.
Project reports indicate that APCASO has also demonstrated the capacity to deliver significant
outcomes in terms of influencing policy and law in South Asia and China (e.g. national insurance test
case litigation).
There is added value in delivering advocacy support to local HIV organisations through a regional
peak organisation as it provides an opportunity for country organisations to be exposed to diverse
perspectives, learn lessons from different country experiences and define regional advocacy agendas.
This process can influence regional priorities of UN agencies, regional agencies and feed into broader
processes such as UNGASS. The 2009 review highlighted APCASO key achievements to include
facilitation of CSOs participation in UNGASS reviews and Universal Access reviews at country
levels, feeding into global reporting. APCASO’s relationship to ICASO and its global membership is
an asset in this respect.
APN+: APN+ received the most positive feedback from informants, compared to the other regional
CBO networks. It is considered an important regional voice for HIV positive people at regional policy
forums. It attracts more funding for projects than other regional networks, and enjoys good
relationships with a range of funders. No other organisation has the legitimacy or mandate to speak on
behalf of HIV positive people at a regional level. APN+ is building capacity of leaders from sub-
populations such as HIV positive drug users and positive MSM to advocate their specific
issues/needs. For example the Positive Injecting Drug Users Advocacy Project is promoting access to
HIV treatments for IDUs regionally, with countries such as Indonesia and Burma benefiting from the
regional approach. APN+ promotes an evidence-based approach to advocacy. There is a strong case to
sustain their funding.

7 Sisters: Informants expressed a range of views about 7Sisters’ contribution to the regional response
generally, and to law and policy efforts specifically. It is clear that 7Sisters is active and vocal at the
regional level. Important contributions have been:
• support to Global Fund policy development, e.g. facilitating community inputs to the Fund’s
Sexual Orientation and Gender Identity Strategy, and facilitating direct relationships with the
Global Fund secretariats for both APCOM and ANPUD;
• sub-regional IDU policy consultations in 2009 in partnership with AHRN, APN+, HAARP
and the Asian Consortium on Drug Use, HIV/AIDS and Poverty.
It is apparent that 7Sisters and APN+, which are co-located in Bangkok, are both active at regional
forums and are able to collaborate in sharing the burden of high demands for community
representation at a wide variety of UN, Global Fund and other meetings relating to a variety of policy,
scale-up and human rights issues. 7Sisters has an advantage in being a representative body for a wider
range of constituencies than APN+, so can speak with authority across agendas affecting IDUs, MSM,
sex workers and other key populations.
However, several informants were concerned that 7Sisters’ role has expanded beyond its original
mandate. Some were of the opinion that not all of its members understand or have ownership in the
activities that it implements. This may be due to resource constraints, in that staff members are
focused on advocacy to external audiences with the result that communication with members suffers.
There is a need to ensure that member networks have greater ownership and endorsement of the
workplan. It was the intention of the recent organisational restructure to address these issues. The
success of the restructure in addressing this tension will require close monitoring.
3.4 Key gaps and priority needs
3.4.1 Contribution of regional level activities to the overall response
Efforts to improve the enabling environment are a priority need at country and regional levels.
It is important that most development assistance for HIV in Asia is delivered at country level. This is
where it will generally be most effective, and it is where the bulk of AusAID programming occurs.
Consistent with the Accra Agenda for Action, AusAID primarily works through country systems.2The
aid environment is increasingly crowded with NGOs and CSOs. There are now a plethora of regional
and international agencies working in HIV in Asia. Although there are increasing numbers of CSOs
and INGOs vying for visibility and an expanded role in the response, there are few active donors.
A key strategic issue for both MSM and IDU responses is the limited pool of resources available at
country level. Rather than a regional focus, there are increased pressures to focus at country level, as
some countries see a decline in donor funding to HIV as priorities shift to health systems
strengthening, donors depart (e.g. DFID’s withdrawal from Cambodia) or countries lack the
management capacity to disburse increased Global Fund allocations (e.g. Indonesia).
With much less funding available for interventions at the regional level than at country level, and
mounting budgetary pressures at country level, it is important that activities funded at the regional
level are highly strategic. The Scoping Exercise had a focus on activities at a regional level, to inform
these strategic choices.
There are clear benefits to be gained from addressing some legal and policy issues at the regional
level. Regional agencies and networks can give voice and support to criminalised populations who
may not be able to advocate without fear of arrest or persecution at country level. Regional bodies can
provide space for government representatives from countries that are implementing punitive or
2
AusAID implements through HAARP (GMS) and AIPH/HCPI (Indonesia); in Burma MSM activities are funded through contributions to
the Three Diseases Fund and IDU programming is implemented by UNODC.

compulsory models of drug control to review evidence of alternative harm reduction approaches in
non-threatening forums i.e. without being subject to specific accusations of human rights violations.
Regional responses have potential for cost efficiencies (sharing lessons and avoiding duplication) and
can address GMS cross-border issues and identify and be responsive to regional trends and emerging
issues. Given the increasing mobility of populations within and between the GMS countries, there is
willingness by GMS governments to look to sub-regional GMS forums for ideas and evidence of what
works in similar settings to inform policy choices on social issues. Regional forums can provide an
opportunity for open and frank dialogue on MSM, IDU, and the link between sex work and labour
mobility. Political and cultural factors may constrain open discussion of these issues at country level.
The unprecedented level of planning and programming on MSM issues in Asia over the last three
years, including inclusion of MSM in Global Fund proposals, demonstrates how regional responses
can alert national actors to trends and accelerate action at country-level. GMS sub-regional meetings
that occurred from 2006 to 2008 proved a critical turning point, by bringing government officials,
UNAIDS and MSM representatives together for the first time to discuss MSM and HIV. Regional
events built the confidence of key government officials in the policy rationale for inclusion of MSM
as a priority population in national HIV strategies and plans. There is an ongoing role for regional
initiatives that can generate consensus among GMS governments about the further steps required to
establish enabling legal and policy environments for scaled-up responses.
At country level, policy frameworks are in place that identify MSM and IDU as priorities, but the
capacity of civil society to hold governments accountable for implementation and to advocate for
supportive legal and policy environments is weak. This gap in the response can be addressed by action
both at country and regional levels.
Vigorous advocacy on MSM issues at the regional level has been highly successful in raising the
priority of MSM on donor and government agendas, which has kick-started planning and investment
at country level. Regional fora have proved important to demonstrate the implications of
epidemiological trends and the need for consensus on policy, programmatic and legal priorities.
Regional initiatives over the last two years that have contributed to the increased MSM focus include:
• Report of the Independent Commission on AIDS in Asia (2008) (funded by UNAIDS);
• Regional consultation on the health sector response HIV among MSM, convened by WHO,
UNAIDS, UNDP (2009);
• Regional consensus meeting on developing a comprehensive package of services to reduce
HIV among MSM and transgender populations in Asia and the Pacific, UNDP, ASEAN,
WHO, USAID, UNESCO, UNAIDS and APCOM (2009);
• Asia Pacific Forum of National Human Rights Institutions: Workshop on MSM and
transgender human rights (2009); and
• UNDP APCOM regional consultation on laws affecting HIV responses among MSM and
Transgender people (2009).
3.4.2 Australia’s leadership role in identifying and addressing gaps and priorities
Australia was one of the first countries globally to recognise the critical role of law and policy in HIV
responses. For 20 years, Australia’s national HIV strategies have been guided by the principle that an
enabling legal and policy environment is necessary for effective programming. Australia’s domestic
HIV response demonstrated the effectiveness of the pragmatic approach of engaging MSM and IDU
communities and government agencies (including law enforcement) in a partnership. Law reform and
supportive polices provided the framework within which the partnership approach was implemented.
Australia can draw on lessons learnt domestically and through its harm reduction programs in the
region, has developed a pool of legal and policy expertise and provides global leadership in this area
of the response e.g. by contributing significantly to the UN International Guidelines on HIV/AIDS

and Human Rights (2006). Australia’s recognised leadership and technical expertise in this area of the
response presents a significant opportunity for AusAID.
By contrast, legal and policy responses have never been a strong feature of the USG domestic or
global response. USG programs have generally been oriented towards interventions focused on
individuals, rather than structural factors. Australia’s comparative advantage in legal and policy
aspects of the epidemic should be drawn on by AusAID. Engagement at the regional level to address
legal and policy priorities for most at risk populations can demonstrate Australia’s responsiveness and
regional leadership in driving a progressive and evidence-based policy agenda.
3.4.3 Key gaps in the regional response
Key gaps in the regional HIV legal and policy HIV response and priority needs include:
(i) A consistent, coordinated and coherent advocacy effort at regional level among the lead
development partners engaged in MSM and IDU responses
Development partners lack a coordinated regional approach to HIV legal and policy priorities for
South East Asia. Leadership from AusAID, USAID and UN agencies is required to ensure consistent
messages, coordination of advocacy strategies and consensus on key priorities. Consensus on the
‘universal access’ agenda since 2006 has been powerful in focusing development partners on common
targets and priorities for the scale-up of services. No similar consensus exists in relation to legal,
policy and related enabling environment issues. Informants identified examples of issues of current
widespread concern among regional agencies and experts e.g.
• concerns that aggressive expansion of compulsory drug detention models in GMS countries is
undermining the harm reduction approach to HIV prevention and is associated with human
rights violations affecting increasing numbers of people;
• concerns that country programs are placing too much focus on testing, treatment and
behavioural prevention activities targeting individuals, in isolation from enabling
environment interventions addressing structural factors (combating discrimination through
policy and legislation, support to advocacy, community development and mobilisation of
community-based responses). Most country programs also do not include specific actions to
address the stigma associated with HIV, drug use, sex between men and transgender status.
Rights-based interventions with IDUs and MSM and support to peer-based advocacy
organisations of IDUs and MSM are absent from country policies and plans.
Development partners should reach consensus on key priorities so that issues of agreed importance
can be advocated through diplomatic channels and at upcoming regional and global forums e.g.
MDG+10 and UNGASS+10 processes, the UNDP Regional Human Rights Consultation.
(ii) Sustainable regional CBOs to represent and advocate diverse community perspectives
The regional CBO environment is complex. Capacity of the regional CBOs to undertake policy and
advocacy work is highly variable. A priority need is to strengthen the organisational and advocacy
capacities of the regional CBO networks. They have an important role in building capacity of member
groups at country level, as well as providing a regional advocacy voice. CBO networks should not be
expected to sustain their activities independent of some level of stable, ongoing donor support.
Priorities are to ensure sustainable regional organisations of people who use drugs (ANPUD) and of
MSM. ANPUD has received funding from the HIV Consortium for a Regional Coordinator until June
2011, and funding from UNAIDS has assisted with ANPUD’s registration and establishment
meetings. A priority of the Regional Coordinator’s position will be to secure ongoing funding for the
Regional Coordinator position beyond 2011, and for ANPUD’s workplan.

Six regional or sub-regional CBO groups/networks have been formed since 2006 with a role in
advocacy for MSM and transgender issues.3 Each of these has their niche constituency and geographic
focus. The rapid growth of regional MSM networks is a healthy indication of an increasingly vibrant
civil society response to a previously neglected area of the regional HIV response, and needs to be
encouraged and supported. However, it also presents a challenge for donors committed to supporting
civil society participation, but not wanting to contribute to fragmentation and diffusion of effort. A
focus on rationalisation of roles and clarity about relationships and mandates is required, so that
limited donor funds are not diffused across too many organisations.
An issue of particular concern for the GMS MSM context is the withdrawal of USAID support to the
Mekong CBO network (PSN) for its core operational costs from October 2010. If PSN weakens or
disbands as a result, this will leave a significant gap in the community response. PSN has attracted
consistent funding for its project activities but capacity to deliver projects will be diminished without
certainty regarding core operational costs. This issue needs to be monitored.
(iii) Documenting and advocating evidence of effective MSM and IDU country-level responses to
regional and global audiences
Forums such as the International Harm Reduction Association Conference in Bangkok (2009) have
been used by AusAID and other donors to demonstrate the effectiveness of harm reduction
programming, reaching parliamentarians and government representatives as well as implementers.
HAARP has a clear focus on capturing evidence from country programs for use by AusAID in
regional and global advocacy. An area that has been neglected is collection of information from IDUs
themselves and IDU peer organisations about their experiences of harm reduction, advocacy and the
legal environment. The establishment of ANPUD provides an opportunity to share information about
advocacy lessons learned by local and national IDU groups from different countries.
This approach needs to also be applied also to MSM advocacy. Most MSM programming in South
East Asia is new. Lessons planning, advocacy and community mobilisation need to be documented,
debated and shared e.g. lessons from Cambodia and China, which are beginning to generate program
data as their national MSM plans move to implementation. This needs to involve government officials
responsible for national programming as well as groups with a civil society focus such as HPI/RTI,
the Alliance and national CBO networks such as GWL-INA. Although PSN has enabled sharing of
data relating to USAID-funded civil society initiatives within the GMS, there is very little information
flowing between Indonesia and the GMS regarding MSM policy and program approaches. Given
Indonesia’s recent progress (with AusAID support) in planning an MSM HIV response, there is a
need to ensure that successes and lessons feed into regional advocacy and can inform the country-
level work supported by other donors in the GMS.
(iv) The need to ensure a health systems focus does not undermine targeted efforts to address
Asia’s concentrated HIV epidemics
There is a concern that the momentum that the Report of the Commission on AIDS in Asia (2008)
brought to the effort to strategically target HIV responses at most at risk populations is dwindling. The
increasing focus of donors and the UN on the MDGs is anticipated to result in health systems
strengthening dominating the broader development agenda from 2010-2015. A priority is therefore
advocacy at regional and global levels to highlight the need to for a well targeted, evidence-based
HIV response to Asia’s concentrated epidemics, and the associated legal and policy agendas.
Development partners need to understand the epidemiological, social and legal drivers of these
epidemics, rather than analysing them only though a clinical or health systems lens. This
understanding is required so that sufficient financial and technical resources are committed to respond
3
Asia Pacific Coalition on Male Sexual Health (APCOM)(which has a mix of CBO, donor, UN and country representation), Purple Sky
Network (PSN), Insular South East Asia MSM and TG Network (ISEAN), Developed Asia MSM Network (DAN) and Asia Pacific
Transgender Network (APTN)

to the high HIV prevalence IDU and MSM sub-populations in which HIV is concentrated in Asia, and
so that the justice and law enforcement sectors are actively engaged. The risk is that governments will
prefer to address politically safe health system priorities, rather than HIV-specific MSM and IDU
responses, because of the desire to avoid moral and political controversies associated with laws and
policies relating to sex and drugs.
(v) A coherent response to the overlapping issues of MSM and sex work
Several informants were concerned that donors will fail to prevent HIV among MSM in Asia unless
they also address sex work policy, law enforcement and decriminalisation issues. Very large numbers
of MSM and transgender people in Asia are also sex workers, due to limited alternative income
sources. It is not effective to address HIV prevention among these populations without also addressing
the legal, law enforcement and policy context of sex work. Although USAID retains a role in sex
work programming, there is a concern that USAID’s approach is compromised by the US
Government’s anti-prostitution pledge , which means that USAID contractors cannot promote
decriminalisation of the sex industry. Advocacy for decriminalization of sex work and related sex
work policy and advocacy priorities is a significant gap in the Asia regional policy response that no
donor is comprehensively addressing.
(vi) Regional assistance to resolve specific policy blockages and to monitor and respond to
human rights violations
Regional technical agencies can be helpful as a resource to respond with authority and evidence when
harmful policies and law enforcement practices are introduced at country level. Law and order
campaigns and police crackdowns can rapidly undermine HIV prevention efforts, as happened in
2008 in Cambodia with police crackdown on the sex industry affecting outreach work to male and
transgender sex workers. Often the health ministry at country level is in a less powerful position than
public security ministries. Health ministries can benefit if they can look to regional and international
agencies with technical expertise to support them to make a case for harm reduction and a more
pragmatic public health approach.
When human rights violations of IDUs and MSM occur at country level, regional and international
NGOs can provide a critically important role in documenting violations and advocating for action to
be taken. A current example is the documentation of illegal arrest, arbitrary detention and torture of
people who use drugs in Cambodia (Human Rights Watch 2010). A priority need is to ensure that
regional CBOs have capacity to engage in and undertake this monitoring and documentation work,
especially as it relates to systemic issues such as police corruption, extortion and institutionalisation of
coercive approaches to treatment and rehabilitation. Regional initiatives can be important to monitor
rights violations, and also to highlight good practice through examples of law enforcement agencies
working as constructive partners in harm reduction. Benefits would be gained by sharing success
stories between GMS countries, Indonesia and other Asian countries.
3.5 Opportunities and mechanisms for AusAID support
Existing mechanisms
Existing modalities that AusAID uses to support regional law and policy activities include:
• HAARP's regional component which is implemented by a managing contractor providing a
Technical Support Unit that undertakes specific technical activities that are of direct relevance
to the work of the Country Programs.
• Extra-budgetary support to UNAIDS RST ($4.5 million in 2010, $4.5 million for 2011),
which is used to fund a broad range of enabling environment activities including funding for
APCASO, APN+ and 7Sisters, regional conferences and support to APLF. Priorities are
indicated by global and regional AusAID UNAIDS framework agreements, and are reviewed

at annual AusAID UNAIDS meetings. A disadvantage of this mechanism is the high

overheads associated with investing in UN agencies. An advantage is that it delegates
responsibility for management and monitoring. Intensifying the Response commits AusAID to
increased engagement with UNAIDS at the regional, national and local levels.
• Direct contracts managed by AusAID with multilateral agencies and NGOs based in Asia
(e.g. support to specific UN meetings and processes; interim funding to Asian Harm
Reduction Network; funding of the HIV Alliance Secretariat for the Technical Support Hub).
• Direct contracts with Australian technical and research agencies (e.g. funding to the HIV
Consortium for advocacy capacity building of CBO networks; AusAID research program
funding to Nossal Institute for research on GMS law enforcement and harm reduction issues).
• Direct AusAID advocacy as a donor representative at multilateral meetings and regional
forums (e.g. UNRTF on HIV/AIDS and IDU).
Opportunities and possible modalities
The Terms of Reference for the Scoping Exercise state, in relation to the amount of funds AusAID
may allocate to addressing enabling environments, that this is not envisaged to be a high cost activity
in the short term. It is anticipated that smaller initial investments may lead, however, to higher
expenditure in the long term. AusAID is required to manage the scaling-up of the overall Australian
aid program to 0.5% of ODI by 2015 and this requires a focus on innovative partnerships but
avoidance of direct contracting of small activities. Therefore, addressing legal and policy issues
through existing mechanisms is an important consideration. New partnerships should also be explored
where this may identify efficient aid delivery mechanisms for a future scaled-up response. In this
context, a strong rationale is required for new stand-alone projects or facilities.
In assessing options for addressing gaps and priority needs, the following mechanisms and approaches
were identified:
1. HAARP (subject to its narrowly-defined regional policy and advocacy role)

In 2009, HAARP undertook a design clarification process, which confirmed that regional advocacy is
not a priority. However, there may be exceptional circumstances where HAARP will engage at the
regional level for strategic reasons. AusAID has a firm position that HAARP will maintain a clear
4
IDU focus and should not be looked to as a mechanism for programming MSM activities or for
additional regional activities for IDU harm reduction. HAARP’s emphasis will be country-level
programming, policy and law, and it will provide evidence for advocacy from its country programs to
AusAID and other development partners to use for global or regional advocacy e.g. through UNRTF.
2. Influencing UN priorities and direct funding of UN regional initiatives

AusAID has well established relationships with UNAIDS and its cosponsors and can use these
relationships to promote advocacy and policy priorities. UNAIDS is well placed to add value in that it
has a human rights mandate, focuses on vulnerable populations, and exerts influence at regional and
country levels. UNAIDS has convening power with diverse stakeholders and can provide TA on HIV-
related law and policy issues to parliamentarians and governments, judiciary, and civil society.
UNAIDS needs to orient TA towards legal and policy issues, engage with the justice sector as well as
the health sector, support civil society to play a role in documenting and responding to human rights
issues, and collect the evidence of the benefit of protective legal environments.
AusAID has increased its extra-budgetary funding to UNAIDS RST and has provided a clear
indication in its global Framework Agreement with UNAIDS that addressing legal and policy barriers
is a priority. The UNAIDS regional workplan for 2010-2011 has not yet been finalised. UNDP (which
has been assigned UN leadership on human rights and MSM issues) and UNAIDS at the global level
are according an unprecedented priority to human rights and legal issues in their 2010-2011
workplans. It is highly likely there will be opportunities in 2010-2011 for AusAID to partner with UN
agencies in high profile regional events feeding into processes that focus on policy, legislation and

law enforcement issues e.g. UNDP’s proposed Human Rights Consultations.
Through its seat on UNAIDS Programme Coordinating Board and governing bodies of co-sponsors,
AusAID can advocate South East Asia priorities and perspectives, influence policy directions
regarding issues such as the role of law enforcement and the need to prioritise anti-stigma measures,
and hold UNAIDS Secretariat and co-sponsors accountable.
3. Capacity building partnerships for CBO organisational strengthening, advocacy, legal

and policy partnerships
The Consortium is a mechanism for delivery of capacity development support to CBO networks.
Consistent with Intensifying the Response, priorities for AusAID in Asia are likely to be PLHIV, IDU
and MSM partnerships. APCASO’s Community Advocacy Initiative provides an example of civil
society leadership development within a partnership framework. Consortium members have
established relationships with lawyers and policy analysts with expertise in HIV. The Consortium
could provide a mechanism to draw on Australia’s expertise and comparative advantage in HIV-
related policy and law to inform partnership work in the region.
4. Supporting regional CBO networks to participate in advocacy and policy

AusAID’s current funding support for APN+, APCASO and the Seven Sisters is managed through
delegation to UNAIDS RST. A number of other CBO networks have emerged that require support
from donors if they are going to be able to support their members as well as play a role at the regional
level in advocacy and policy. It would be beneficial if the criteria for allocation of funds,
management, monitoring and evaluation could be handled by a UN agency. An advantage of locating
this function in a UN agency is that other donors apart from AusAID are more likely to also
contribute support. Options include UNAIDS managing this function, or UNODC (in the case of
ANPUD) and UNDP (in the case of the MSM networks). Donors could also support these regional
networks through technical assistance provided by peer-based CBOs, in conjunction with groups such
as the HIV Consortium, the Alliance’s Technical Support Hub and the Technical Support Facility
South East Asia Pacific.
5. Delegating leadership on aspects of MSM law and policy to USAID

Australia and USG share a common priority of supporting MSM advocacy and policy responses as an
integral aspect of scaling-up. Opportunities for harmonised responses could be explored. The USAID
HPI Greater Mekong Region-China project has well-established relationships with GMS civil society,
a track record in applied economic analyses and access to expertise on MSM policy from within the
region and globally. Some informants raised concerns that USAID’s reliance on US-based contractors
has meant that it has not drawn sufficiently on broader global expertise in areas such as law reform,
the role of the law enforcement sector and community development. Another area of concern is the
low level of engagement of HPI with government counterparts, given that engagement with
governments is crucial to efforts to reorient policies and programs (e.g. in relation to drug control)
towards public health goals. An approach would be for donors to co-finance HPI in its next phase
commencing 2012, so that a collaborative design process could ensure effective approaches.
6. An MSM regional project on enabling legal and policy environments.

Introducing a project modality into the crowded regional context would be risky, unless it was clearly
structured to support national HIV programs at country level. A well designed GMS project with a
high degree of buy-in from GMS government counterparts could play an important role in addressing
gaps in the response.
Such a project may attract multi-donor support. European donors may be interested. Alternatively,
donors could offer support to GMS civil society and government partners to formulate a sub-regional
Global Fund proposal, looking to the multi-country MSM grant in South Asia as a model. UNDP
participation in a GMS-focused proposal may be possible, given UNDP’s participation in the South
Asia proposal. A Global Fund multi-country GMS project may be attractive to the Global Fund if it is
designed to support more effective use of existing Global Fund programming at country level.

The primary, but not necessarily only, focus would be MSM enabling environment issues including
advocacy, policy, law enforcement, stigma and discrimination interventions, community development
and community mobilisation, and analysis and sharing of program data and social research on
effective approaches in these areas. The assumptions are that GMS countries (i) have sufficient
resources from Global Fund and USAID for behaviour change programs, condom social marketing,
VCT and STI services; and (ii) require a significant programme of additional support, focused on
enabling environment issues that are not being adequately supported through other channels. These
assumptions would need to be verified when the program is designed.
Unlike HAARP, such a project would not be delivering services through government systems, but
rather offering technical support and capacity development to government and CSOs. It would be
important that such a project be seen as supporting a process of transition towards the outcome of
national ownership and leadership in planning and implementing enabling environment programs
(rather than dependence on TA).
Such a regional project could be designed to align its focus and activities with national plans and to
have a significant south-south emphasis. The rationale is that such support is required if Global Fund
investments are to be effective, and that GMS countries require support from each other (and near
neighbours such as China and Indonesia) to access expertise and respond with sufficient urgency. The
project could establish technical partnerships with the South Asia Global Fund MSM Project and its
regional MSM resource centre.
The risk is that such a project would be seen as donor-driven rather than country-owned, and that it
may duplicate USAID HPI/RTI activities and the role of the Alliance as a source of MSM capacity
building support and south-south TA. A regional MSM project could provide a framework for
coordination of the community-oriented activities of HPI/RTI, the Alliance and the Consortium. It
could also provide supplementary funding for activities of these existing implementers to enable
scale-up of community interventions assessed as effective.
HPI and the Alliance have a low level of engagement with government counterparts. This is an
appropriate approach in Burma, but a more government-aligned approach is required in other GMS
countries. A project which has a high degree of ownership by a sub-set of GMS countries could be
designed, drawing on the growing commitment of GMS governments to address MSM and the
growing body of MSM expertise in the near region.

Annex I: Overview of HIV legal and policy contexts

This is to supplement information in the Phase 1 Report.4
1 Indonesia
1.1 Overview
1.2 Injecting drug use and harm reduction
1.3 MSM and waria
1.4 Sex work
2 Burma, Cambodia, Lao PDR

2.2 MSM and transgender people
1 Indonesia
1.1 Overview
Corruption is considered to be common in the legal system, which undermines confidence in access to
justice particularly among poor communities. Some national policies, including the National HIV and
AIDS Strategy and Plan, are supportive of rights-based approaches, but specific remedies for rights
violations generally do not exist locally, legal aid is rarely available and PLHIV are generally
unaware of their rights.
A current major issue for the legal system is decentralization, and the need to address conflicts
between national laws and sub-national laws. There are some supportive national laws in place to set a
broad administrative framework for the HIV response. These laws do not include detail as to the
circumstances in which individuals can enforce their rights (e.g. to health and education) or
mechanisms for seeking justice when rights are violated. There is a need to ensure that national laws
are supported by more detailed implementing regulations, and that these are in turn supported by by-
laws at local level. Nine Provinces and 20 Districts have local laws (Perda) regarding the prevention
and management of HIV.
Homosexuality is not criminalised by national laws. Prostitution is not a criminal offence, although
aspects of the industry such as pimping are criminalised. Although there are heavy penalties for drug
use, national policy and some regulations support a harm reduction approach (Regulation No 02/2007:
National Harm Reduction Policy). A significant enabling environment issue that could be addressed
through leadership at national level is addressing stigma and improving the overall social climate
affecting sex workers, drug users, MSM and waria.
The KPA was revitalized by Presidential Regulation 75/2006, which clarified the role of the KPA and
identified provincial and district leadership as key actors in managing the response. The Presidential
Regulation shifted responsibility for much of the HIV response to the provincial and district levels of
government, including the provincial and district level AIDS commissions. The Presidential
Regulation strengthened the authority of the KPA nationally and at District and Provincial levels. This
has facilitated increased multi-sectoral engagement including representatives of communities affected
by HIV and participation of sectors such as the police in planning local responses. The Presidential
Regulation also mandated participation of people living with HIV in the KPA.
4
See also: UNAIDS AIDS Data Hub (2009) Law, Policy and HIV in Asia and the Pacific: Implications on the vulnerability of men who
have sex with men, female sex workers and injecting drug users.

However, in the context of decentralisation, some local laws have been passed which impede
prevention. Religious conservativism has led to some draconian laws in certain localities e.g. Aceh.
The priority legal concern of many MSM, waria, sex workers and drug users is relations with police,
rather than the need for law reform. Police and military are able to use their position of power to
harass these populations and to extort money or profit from involvement in the sex industry. There are
numerous reports of police applying public order offences against MSM and waria so as to extract
bribes. Police abuses include harassment, assault, unlawful arrest and bribery. Such conduct tends to
drive these populations underground. The police and military also have significant investment in the
sex industry. On the other hand, where police and military cooperate with health authorities, effective
HIV responses have been established (e.g. Malang). Police abuses of drug users in Indonesia have
been documented by Open Society Institute in its report At what cost? HIV and human rights
consequences of the global War on Drugs (2009).
Legal barriers to HIV responses that drive key populations underground include:
• involvement of police and military in profiting from sex work;
• police crackdowns on drug users, sex workers, and MSM;
• police abuses/excesses, corruption and extortion in their policing of MSM and waria;
• draconian local laws that criminalise sex workers and MSM/waria.
In addition to police relations, another area of concern is access to non-discriminatory health care.
This could be improved by educational measures as well as by anti-discrimination laws. As a result of
community consultations in 2009, Community Legal Aid Institute found that current HIV-related
legal and law reform priorities are rights to non-discriminatory health care and education, and
remedies for police abuse. Other issues identified were women living with HIV forced to undergo
sterilisation or pressured to use birth control, local regulations that force sex workers to test for HIV
and refusal of employment because of transgender identity.
Anti-discrimination laws are not well developed in terms of application to HIV and key affected
populations. The 1945 Constitution and Indonesia’s ratification of the International Covenant on Civil
and Political Rights in 2005 provide a legal basis for anti-discrimination protections but further
legislation is necessary to define anti-discrimination protections for specific populations.
Law No. 20 of 2003 concerning the National Education System requires the government to provide
education for every citizen without any discrimination. Similarly, the Health Act of 2009 provides that
all citizens enjoy a right to health. There is provision for measures to be taken to combat workplace
discrimination on the grounds of HIV in the Minister of Manpower and Transportation Regulation
Number 68 of 2004.

Indonesian law prohibits the production, trafficking, and selling of prohibited substances. Drug law
and policy is in some respects contradictory. Drug control laws such as the Narcotics Law of 2009
impose heavy criminal penalties and discourage outreach by requiring reporting of drug users to
authorities, whereas other decrees and regulations provide a framework for provision of harm
reduction services to injecting drug users. There is a lack of specific guidance on police conduct
affecting access to harm reduction services by drug users. High rates of incarceration and addressing
the quality of harm reduction programs (particularly pharmacotherapy) are key policy issues.
The Ministerial Decree on National Policy on HIV/AIDS Prevention among IDUs5 discourages the
arrest of drug users for possession of traces of drugs found in used injecting equipment and
encourages referral of individuals to rehabilitation or other professional services. The Decree issued
by the Minister of Social Welfare binds other Government agencies, with the result that needle and
5
Permenkokesra No. 2 / Per / Menko / Kesra / I /2007

syringe programmes, methadone maintenance therapy, access to ARVs and other health services for
HIV-positive IDUs are Government policy.
1.3 MSM and waria
Male-to-male sex is legal in Indonesia, except for Muslims in provinces or districts that have
introduced Islamic Sharia law. Although male-to-male sex is legal, a report submitted to the UN
Human Rights Council in 2007 reported that:
Arbitrary harassment, summary arrest and detention of waria and gay men by the police are
commonplace occurrences. In Indonesia, gay men and waria in particular, tend to assemble in
public areas such as parks and roadsides. Often arrests occur in such places on the pretext of
being violations of the Public Disturbance Law. (IGLHRC 2007)
In Aceh Province, Sharia law was enacted in 2009 that provides for 100 lashes for homosexual acts
and stoning for adultery. The law enacted by the Aceh Legislative Council will be reconsidered by a
newly elected, differently comprise Legislative Council in 2010. This law may be unconstitutional,
and the Aceh Governor has stated his opposition to it, but is powerless to repeal it. Similarly, the City
of Palembang and South Sumatra Province passed by-laws against prostitution in 2004 which also in
effect also criminalized some homosexual acts. Shariah-based ordinances and by-laws create an
intimidating atmosphere for the gay men who work in the small number of CBOs carrying out
community based HIV prevention and care responses.
Police are reported to conduct raids targeting freelance sex workers including transgender people
selling sex in public places. This is disruptive to health outreach workers and peer educators.
The Department of Social Affairs classifies waria as mentally handicapped under the national 'cacat
law' (Mentally Disabled Law). This effectively denies waria the right to work or reduces them to
working in low-paid jobs in the hidden economy. It is possible for inter-sex and post-operative
transsexuals to legally change their gender on identity cards. However, the mechanism to change one's
name exists but requires documentation that most waria do not have.
There is no protection against sexual assault or rape for homosexual men. The Indonesian Penal Code
rape provision only protects women.
1.4 Sex work

Indonesia’s national Criminal Code does not prohibit sex work per se, although it is illegal to earn a
profit from prostitution. Provincial and district governments have introduced regulations to monitor
and restrict the sale of sexual services.
Local authorities tolerate semi-legal brothel complexes (lokalisasi). Sex workers at lokalisasi are
registered with local authorities. The management of lokalisasi is standardised and involves
cooperation among local government departments. Often this may include support for policies for
compulsory condom use by customers. Monitoring and enforcement of such policies is variable. Local
authorities sometimes do not formalise the industry, preferring instead to profit from its illegal status.
Where brothels are illegal, it is common for payments to be made by brothel owners and manager to
local government officials, the police, and the army. The army is directly involved in the organised
sex industry in parts of Papua.6
A large segment of the sex industry operates in unregistered entertainment venues. There are no
policies or regulations requiring condom use in such settings. Sex workers in registered brothels
compete with unregistered venues. This places pressure on registered workers not to comply with
condom use regulations so as to be able to compete with sex workers in the informal industry. In
6
See: HCPI, KPAP Papua (2008) Papua Communication Plan and Lin Lean Lim (1998) The sex sector: the economic and social bases of
prostitution in Southeast Asia International Labour Office.

addition to these sex workers based at venues and brothels, there are a large number of street sex
workers in Tanah Papua who are mainly indigenous Papuan women. Another growing segment of the
unregulated industry is call girls. Many sex workers in brothels and entertainment venues come from
other islands and rotate in and out of the Papua sex industry.
2 Cambodia, Lao PDR, Burma
A concern raised by a number of informants was the regional trend towards adoption of compulsory
models of drug treatment through detention centres or compulsory treatment and rehabilitation. In
Cambodia, Human Rights Watch has documented widespread human rights violations in drug
detention centres (Human Rights Watch 2010). There are concerns that this model is being exported
from China to Lao PDR and Burma, and from Vietnam to Cambodia, without consideration being
given to the weight of evidence that demonstrates that such approaches are ineffective in relation to
reducing drug use, reducing crime and prevention of HIV.
Detailed mapping of legal and policy contexts for IDU harm reduction was provided in the HAARP
Law and Policy Assessments conducted in 2009 and the Phase 1 report for this Project. The HAARP
Law and Policy Review was a joint activity of the United Nations Regional Task Force on Injecting
Drug Use and HIV/AIDS and HAARP. A summary of findings was presented in a Briefing Note for
Parliamentarians HIV and Drug Legislation in Asia Draft for Discussion at the Response Beyond
Borders Consultation, Bangkok January 2010, an extract of which appears below:
Burma
→ No specific offence for drug consumption. A drug user is defined as a person who uses a narcotic
drug or psychotropic substance without permission from the Ministry of Health, under the direction of
a registered medical practitioner. (Narcotics Drugs and Psychotropic Substances Law 1993)
→ Drug users must register with government identified facilities in order to access medical treatment.
Non-compliance is punishable by 3-5 years in prison. The 1993 drugs law is currently under review
(currently with the Ministry of Home Affairs) with a proposal to amend Section 15 concerning
registration and decrease severity of punishment.
→ Inciting to cause drug abuse is punishable by law, although this does not apply to needle and
syringe provision.
→ Possession of hypodermic needles is not an arrestable offence, however needles may be used as
evidence when individuals are arrested for drug possession. (2001 Police Directive)
→ Absence of restrictive definitions of ‘treatment’ may enable Ministry of Health to authorise oral
substitution therapy. Methadone maintenance therapy currently reaches approximately 500 drug users
and will be expanded to up to 4000 people in the medium term.
→ In some areas drug user self-help groups could be designated unlawful, as assembly of more than
five people is criminalised (Border Areas and National Races Law). A review is needed of relevant
provision in this law for people with HIV/AIDS.
→ Plan underway to eradicate all narcotics production and trafficking by 2014, ahead of ASEAN goal
of a drug-free region by 2015. (National Counter Narcotics Plan 1999-2014). Guidelines are needed to
improve communication between harm reduction services and police regarding ‘crackdowns’ on drug
users.
→ Harm reduction activities are included in that National Strategic Plan on HIV/AIDS 2006-2010,
including needle and syringe exchange, and methadone maintenance therapy.
Cambodia
→ Review is needed of developed and proposed legislation (sub-decrees) and the Law on Control of
Drugs (particularly Articles 35, 37, 47) which align drug control and HIV policies and laws. UN
agencies have been advocating for inclusion of articles on harm reduction, health services and drug
treatment in the draft legislation.

→ The legal status of needle and syringe programs is an urgent issue requiring review and
amendment in the new draft drug law. Currently provision of injection equipment and information on
safe drug use may be classed as ‘intentional facilitation’ and/or ‘inciting’ unlawful consumption.
→ Long term strategies are needed to integrate harm reduction activities into the National AIDS
Strategic Plan III and Health Sector Strategic Plan (2008-2015)
→ Drug use is illegal and risk of arrest when accessing harm reduction services (especially needle
exchanges) prevents involvement of people who use drugs in policy and service planning.
→ Treatment is restricted to detoxification whether voluntary or legally directed. Non-completion
of treatment is punishable. Drug users may be held in treatment facilities on orders of a Civil Court,
acting on complaint by spouse/parents/relatives or the prosecution. Methadone and Buprenorphine are
classified differently, further complicating access issues.
→ Police enforcement of sex trafficking legislation in 2008 had a significant impact on HIV
prevention activities with sex workers and drug users: detention of clients, disrupted services and
setting back relations between the NGO Korsang and the police.
Lao PDR
→ Contradiction between drug control and AIDS strategies. Needle syringe programs are illegal
under drug control laws (although not specifically referenced);
however the AIDS strategy aims for 70% of injecting drug users to use sterile injecting techniques by
the end of 2010.
→ Drug control master plan 2009-2013, coordinated by the Lao National Commission for Drug
Control and Supervision, will facilitate implementation of the National Drug Law which the National
Assembly passed on 25 December 2007. The plan includes activities to uphold human rights and
cross-cutting training.
→ Legal shift from dealing drug use in terms of health rather than crime (Law on Drugs 2007). But
there is no clear plan for delivery of services to people who inject drugs.
→ Currently no specific HIV legislation and the legal environment does not facilitate interventions
among marginalised groups, including drug users. However, the National Strategic and Action Plan
on HIV/AIDS/STI identifies drug users as most at risk of HIV infection.
→ Support is needed to develop a coordinated multi-sectoral national action plan on drug use and
HIV, including measures to link harm reduction and HIV services for example voluntary, counselling
and testing.
→ Courts can apply measures for medical treatment for offenders addicted to drugs or alcohol.
Review of current drug treatment regimes is needed including operational guidelines.
→ Tincture of opium is the only form of substitution therapy permitted. Facilities are residential and
fall well short of existing estimates of numbers of people needing treatment. Community-based
treatment alternatives and access in remote/rural areas are weak.
2.2 MSM and transgender people: Burma, Cambodia, Lao PDR

Sex between men is illegal in Burma, with penalties of up to life imprisonment under the Penal Code.
No laws specifically prohibit male-to-male sex in Cambodia and Lao. However, there is police
harassment and detainment of MSM and transgender people, particularly those who are also sex
workers (Sovannara K and Ward C 2004). There are no laws protecting from discrimination on the
grounds of sexual orientation or gender identity in Cambodia, Lao PDR or Burma.
In Cambodia, the Law on the Suppression of Human Trafficking and Sexual Exploitation (2008) has
been used to harass and assault male, transgender and female sex workers, and to extort payments in
exchange for release from detention. In enforcing the law, police confiscated condoms as evidence of
sex work. The widespread police crackdown on the sex industry in Cambodia in 2008 has resulted in
sex workers being driven into a hidden, illegal and unsafe sex industry. This made sex workers
difficult to reach with HIV prevention and sexual health services.
Since 2007, all these countries have integrated MSM into their National HIV Plans. However, Lao
and Burma require costed MSM plans and appropriate resourcing. Cambodia has an MSM Plan for
2008-2011 and engaged in further development of a national MSM policy and operational procedures

for MSM services in 2009. All countries need further policy and legal action to implement priorities
e.g. to ensure that sex-on-premises venues make information on HIV and STIs available and have
condoms and lubricant available. Policy and legal frameworks are also required to enable
establishment and registration of NGOs. In Burma and Lao PDR, CBOs relating to populations whose
behaviours are criminalised may either not be allowed to exist or are controlled by government.

Annex II: Mapping of Indonesia HIV legal and policy activities
Summary table
Indonesia: activities on HIV advocacy, law and policy 2009-2010
Program / Scale Funders Focus

Implementing agency
(Large PLHIV/ MSM IDU SW
USD1m<, general
Medium HIV
USD100K<, issues
Small
USD100k>)
HCPI L AusAID x x x x–
Papua,
Bali
AIPJ L AusAID x
GOI-KPA, DepHukHam, L IPF (AusAID), GF x x x X
MOH
FHI ASA M– USAID x X
finalising
SUM I L – tender USAID x x X
UNAIDS M/L UN x x
UNDP M/S UN x
UNFPA M UN X
WHO M/S UN x
UNODC M UN x
JOTHI S AusAID, UN, x
Alliance
PKNI S x
GWL-INA S AusAID/HCPI, x
AFAO,
Consortium
UNAIDS
IPPI S UNAIDS x
OPSI S UNAIDS X
Spiritia S AusAID/HCPI x
Jangkar (Harm S Open Society x
Reduction Network) Institute
Indonesian Community S AusAID/APCASO x x
Advocacy Network on (Consortium:AFAO)
HIV/AIDS
Community Legal Aid S IDLO x x x X
Institute
Indonesian Coalition for S x
Drug Policy Reform
National networks: JOTHI (people living with HIV); PKNI (drug users); GWL-INA (Waria; MSM);
IPPI (women living with HIV); and OPSI (sex workers).
The purpose of this table is to provide a broad-brush overview of the current main players in the legal
and policy response, their focus and size. The accompanying narrative explains and qualifies
information presented in this table.

Mapping of Indonesia HIV legal and policy activities
1 Government of Australia
1.1 AIPH
1.2 HCPI
1.3 AusAID Governance Program
1.4 Other Government of Australia initiatives
2 Government of Indonesia
3 USAID
3.1 FHI/ASA
3.2 HPI
3.3 SUM
4 Global Fund
5 UN agencies
5.1 UNAIDS
5.2 UNODC
5.3 UNDP
5.4 IOM
5.5 WHO
6 Civil society organizations

1 AusAID
1.1 Australia Indonesia Partnership for HIV (AIPH)
AusAID’s support to Indonesia’s HIV response is delivered through the Australia Indonesia
Partnership for HIV (AIPH), an eight year, $100 million commitment. AIPH priorities are informed
by AusAID’s Indonesia Country Strategy and Australia’s International HIV Strategy, and align
closely with GOI strategies and plans (National HIV and AIDS Response Strategies 2007-2010 and
HIV and AIDS Action Plan 2007-2010, and the updated National Strategy and Plan for the 2010 –
2015 period).
The largest component of AIPH is HIV Cooperation Program for Indonesia (HCPI), implemented by
GRM International and Burnet Institute. Other elements of AusAID support to Indonesia under the
umbrella of AIPH are:
i. support to the national MSM program. In 2009, $1.5 million over 3 years was allocated by
AusAID to support the MSM response in Indonesia. AusAID proposes to use this to support
KPA to develop a plan for a national MSM HIV program. A planning process has
commenced and consultants have been commissioned to work with KPA on the Plan’s
development. The program strengthens the GOI response in KPA and at sub-national levels
by placement of MSM officers in KPA and 15 towns and regencies.
ii. support to CBO networks through the HIV Consortium. As part of the broader Regional
HIV/AIDS Capacity Building Program, since 2008 AusAID Canberra has provided funding
for partnerships between Australian and Indonesian CBOs relating to people who use drugs
and MSM through the HIV Consortium. This has enabled support for the formation of the
national network of gay men and waria (GWL-INA). In Indonesia, this activity is monitored
by AIPH and activities are agreed with KPA.
1.2 HCPI
HCPI commenced in 2008. HCPI provides financial and technical assistance to partners including
GOI counterparts, civil society and professional organisations. Key national GOI counterparts are
KPA, Ministry of Law and Human Rights (DepKumHam) and Ministry of Health.
HCPI has four components: (i) leadership; (ii) Papua/West Papua; (iii) IDUs and their partners; and
(iv) prisons. Activities relevant to law and policy occur under each of these components. HCPI
engages in advocacy and strengthens the capacity of NGOs, GOI partners including KPA, provincial
AIDS commissions (KPAPs), and district AIDS commissions. Inputs for policy development include
research, seminars, study tours, drafting and publication of policy documents, regulations and laws,
and strengthening advocacy capacity within GOI agencies and civil society. The primary HCPI law
and policy focus has been in relation to IDU, harm reduction and prisons.
The HCPI program’s leadership component includes advice to GOI counterparts on policy and legal
frameworks, support for national and provincial strategy development and coordination, and support
to civil society involvement in policy development. In 2010, the leadership support component is to
focus on assisting partners to manage Global Fund programming and will strengthen the institutional
capacity and leadership skills of AIDS Commissions of 12 provinces. HCPI also supports civil society
leadership including the national network of people living with HIV (JOTHI) and support to the MSM
and transgender national network (GWL-INA).
In 2009, HCPI law and policy activities included:

• providing funds for Assistance Teams that have worked to strengthen capacity of KPAP in
policy development;
• providing advisory support to KPA on national policy through its working groups on Harm
Reduction, Prisons, Papua, Media and Communications;

• supporting the provincial development strategies for Papua and West Papua in relation to
HIV, with an focus on community mobilisation and behaviour change strategies and
approaches;
• improving the capacity of KPA, KPAPs and other stakeholders to use media to foster
supportive policy and legal environments including by supporting the KPA to develop a
National Communications Strategy;
• updating a handbook on Developing Public Policy on Commercial Sex Environments;
Under the Papua component, HCPI has supported the KPAP in Papua and West Papua Provinces to
develop policies relating to sex workers, MSM and waria and other key populations through the
Strategic Communication Plan for HIV and AIDS (2008). HCPI provided technical assistance to
KPAP to develop the Communication Plan, which has the following advocacy objectives in relation
to sex workers: to catalyse local government and parliament to issue and implement local regulations
about condom use for sex workers; and to get support from local authorities to provide health services
for sex workers. The Communication Plan describes the officials that need to participate in
developing and implementing local sex work policies and programs including police, office of social
affairs and the office of health.
The Communication Plan includes the following advocacy objectives in relation to MSM and waria:
to reduce stigma and discrimination; to advocate with local authorities for local regulations to protect
MSM and waria and provide them with HIV and AIDS and STI services; to provide opportunities for
MSM and waria to work in public areas. The Plan also identifies the need to provide prevention
services for male sex workers.
Under the IDU component, HCPI supports development and implementation of GOI plans that
address the HIV-related needs of IDUs and their sexual partners. This primarily involves support for
delivery of services through GOI public health systems (linked to CBO partners) in Java and Bali.
HCPI has established operational frameworks with GOI for IDU harm reduction programming in Java
and Bali. Planned HCPI activities for 2010 under this component include:
• Support to strengthen the MOH Harm Reduction Working Group to plan, manage and
monitor harm reduction programs;
• Support to MOH to develop guidelines and supportive laws for implementing harm reduction
programming in health services;
• Support KPAPs to establish multi-sectoral harm reduction working groups;
• Support for increased involvement of police at district, provincial and national level, to
facilitate the effective implementation of HR activities;
• Support to a national meeting on Harm Reduction in 2010;
• Addressing legal issues experienced by IDUs through support for:
o a legal network between IDUs and legal NGOs to increase access to legal
representation and increase IDU awareness of rights to access harm reduction
programs;
o working with the courts and public prosecutors on diversion of IDUs from custodial
sentences to effective drug treatment;
o implementation of police training programs in HR by police with support of health
sector staff and DepKumHam at national level;
o working with police to support implementation of harm reduction activities at a
district level.
HCPI activities under the prisons component support GOI’s HIV and harm reduction policy
development for people in prisoners and people in drug treatment facilities. A high proportion of
people living with HIV in prisons have a history of drug use. HCPI works in partnership with MOH,
DepKumHam and the Prison Working Group of the KPA. The work has been guided by the National
Strategic Plan: Prevention and Control of HIV/AIDS and Drug Abuse in Indonesian Correction and
Detention Centres 2005–09. Recent activities include:

• provision of a grant to DepKumHam to expand programming in 54 prisons in Java and Bali;

• revision of the National Strategy for HIV in Prisons;
• supported development of GOI’s National Master Plan for HIV/AIDS and Drugs Program in
Prisons 2010-2014.
Plans for 2010 relevant to prison law and policy include:

• development of more national guidelines for HIV services in prisons;
• a national workshop conducted by DepKumHam to socialize the National Master Plan
HIV/AIDS and Drugs 2010-2014 to the heads of priority prisons;
• policies/regulations, strategies, and practical solutions to improve health conditions in prisons
through technical meetings with DepKumHam, MOH and KPA/KPAP.
1.3 AusAID Governance program
AusAID has funded specific projects supporting Indonesia’s law and justice sector since 2001. Prior
to 2010, AusAID had not addressed HIV as a specific issue within law and justice sector
programming.
While not HIV-specific, there has been some prior AusAID support provided to a community-based
legal service to address legal needs of populations vulnerable to HIV. Under the Indonesia Australia
Legal Development Facility (which operated from 2004-2009), some funding was provided to the
Jakarta-based NGO LBHM (Community Legal Aid Institute). LBHM has provided support to
paralegals involved with the IDU CBOs, and has supported the national MSM organisation Arus
Pelangi to bring a case regarding the torture of a transgender sex worker by police. LBHM implement
a community legal empowerment model, ensuring that communities have information about their
rights and skills to advocate and claim their rights, including engaging paralegal community members.
AusAID is currently preparing the design of the Australia-Indonesia Partnership for Justice (AIPJ), a
five year program that will support, among other things, implementation of Indonesia’s National
Access to Justice Strategy by strengthening Indonesian law and justice institutions. This program will
commence in late 2010. It is proposed that the program will be implemented by a managing
contractor, working closely with Indonesian counterparts and with support of AusAID technical
advisory and program staff. This program is to be implemented in partnership with Bappenas (GOI
National Planning Agency). A key aim of AIPJ will be to support Indonesia to ensure the promotion,
protection, and fulfilment of the human rights of the most marginalised, particularly women and
people with disability, including people living with HIV.
Prior to commencement of AIPJ, some transitional programming will occur, to look at policies and
practices for facilitating more robust reviews of human rights-related Perda.
The draft design of AIJP includes:

Outcome 1: “Improved judicial dispute resolution systems for marginalised groups (including the
poor, women and people with a disability)”. This will include assistance to the courts to improve
monitoring and evaluation systems in relation to access to justice for poor and marginalised groups,
including women and people living with HIV.
Outcome 3: “increased public access to legal information, particularly relating to human rights and
anti-corruption” including work with the Directorate General for Human Rights and NGOs (e.g. legal
aid providers and HIV/AIDS organisations) to facilitate greater provision of primary information and
analysis on human rights issues to the public.
Outcome 4: “Inclusive policy dialogue on the design and implementation of a formal legal aid
system” including supporting efforts to ensure legal aid can be more effectively provided to women,
people with disability and people living with HIV.
Outcome 5: increased capacity of civil society organisation, reform offices and national commissions
to support Indonesian law and justice sector reform efforts

AIPJ will build the capacity of civil society organisations (particularly NGOs, law schools and bar
associations) in the law and justice sector to monitor the access to, and quality of, public prosecutions
and court-based dispute resolution. It will do this by supporting these organisations to:
• put in place effective management and leadership strategies, including strategies to facilitate
greater participation by marginalised groups in CSOs;
• research and monitor progress on improving access to court-based dispute resolution for
marginalised groups (including people living with HIV/AIDS), to feed into monitoring and
evaluation of the Supreme Court’s Strategic Plan and the National Access to Justice Strategy; and
• understand and promote domestic and international best practice with regard to combating
corruption and promoting access to justice for women, people with disability and people living
with HIV/AIDS.
Needs assessments of the national Human Rights Commission, undertaken by AusAID and UNDP,
indicate that its capacity to receive and manage human rights complaints from the community is low.
It appears that this challenge is particularly acute outside Jakarta. AIPJ will therefore consider
assisting the national Human Rights Commission to strengthen the capacity of its regional offices
(located in Aceh, Papua, West Sumatera, West Kalimantan and Maluku) to respond to community
expectations.
1.4 Other Government of Australia initiatives
Australia Federal Police has a partnership program with the Indonesian National Police. This has not
included HIV specific issues or consideration of HIV as a cross-cutting issue.
DFAT has provided some funding to NSW Corrective Services to work in partnership with
Indonesian prison authorities.
AusAID is contributing to the regional NGO Asia Foundation, through a project managed by
DFAT, to implement the Asia Foundation’s Blueprint for Prisons. The Blueprint does not have a
specific HIV focus but supports health and safety in the prison environment. The work is based on the
Asia Foundation Prison Reform Strategy.
2 Government of Indonesia
GOI has developed a National HIV and AIDS Strategy and Plan 2010-2014. One of the key strategies
is “policy development to ensure a supportive environment - human rights and gender-based
approaches will be incorporated.” One of the four Strategy objectives is to “create an enabling
environment that is conducive for responding to HIV and AIDS at all levels, particularly one that
empowers civil society to have a meaningful role and to reduce stigma and discrimination.”
The national HIV response is coordinated by KPA. Other GOI agencies important to the national HIV
legal and policy response include KPA, DepHukHam, National Human Rights Commission, MOH,
Narcotics Bureau (BNN) and the national police. Of these agencies, KPA is the most active on HIV
law and policy. GOI’s law and justice sector programming is guided by the Access to Justice National
Plan 2010-2014. Enhancement of legal aid for the community and human rights enforcement are
institutional priorities under the Plan.
KPA has devoted significant resources to development of national policy frameworks (National
Strategy and Plans) have implemented a range of small-scale activities to address legal environments.
KPA has received funding for its work program from the IPF since 2005. IPF support to KPA has
reduced with DFID’s withdrawal. AusAID is now the only donor to the IPF ($1 million per annum).

KPA, in partnership with IDLO, held a national stakeholder consultation on HIV and the law in
August 2009. The meeting had a focus on identifying legal issues for vulnerable populations, legal aid
and access to justice issues.
KPA is partnering with DepHukHam in developing and disseminating resources on HIV and the law,
including Guidelines on Human Rights and HIV and a Manual for provincial governments on
development of local HIV laws (Perda). The Manual does not directly address the legal status of
MSM and waria or IDUs, as this is considered too sensitive to address directly. KPA has sent the
Manual to provincial and district authorities in priority provinces with a request that training occur
although KPA has not allocated resources for this purpose. KPA convenes a Gender and Human
Rights Working Group of external stakeholders, which includes a lawyer and a human rights expert.
KPA is providing support to national networks of MSM and waria, drug users, sex workers and
people living with HIV.
DepHukHam provides leadership on national prisons policy including harm reduction policy to
address health needs of IDUs in prison settings. In prisons, DepHukHam is responsible for
establishing an AIDS Team in each prison (comprising 1 doctor, nurses, a case manager, a VCT
counsellor, and staff trained in delivery of behaviour change communication and risk reduction
education). DepHukHam coordinates a health services network for referring inmates to clinical
services.
The National Commission on Human Rights does not take an active role on HIV issues, and has very
limited capacity to manage individual complaints of human rights violations.
3 USAID
Since 2005, USAID support to Indonesia’s HIV response has been implemented by two projects, FHI
ASA project and the Health Policy Initiative. In 2010, these projects will be superseded by two new
projects, SUM I and SUM II, which are under tender. The USAID HIV program is approximately $8
million per annum. USAID also has a large program of support in the justice sector, which is currently
under tender. There is no HIV-specific focus proposed in the USAID justice sector program.
3.1 FHI’s Aksi Stop AIDS project (FHI ASA)
FHI has received approximately $7 million per annum from USAID to implement the ASA project,
with a focus on NGOs and local services for PLHIV, MSM and sex workers. FHI has also received
support for some activities from DFID, channelled through the IPF and Global Fund. The Project is
due to complete in March 2010.
FHI ASA has provided support to approximately 60 local NGO partners to implement prevention and
care activities. FHI’s focus has been service delivery at district level rather than law and policy.
However, although not a strong focus at national level, FHI has occasionally engaged in local legal
and policy issues to improve the environment for service delivery. All Provincial AIDS commissions
in ASA’s eight priority provinces have strategic plans, active secretariats, annual work plans and
conduct regular coordination meetings.
FHI has not had a strong emphasis on IDU harm reduction policy, apart from prisons. Prior to 2009,
FHI supplemented ASA’s USAID budget with funds from IPF (DFID) for syringe programs and other
harm reduction activities with drug users and has had a strong focus on prisons programs including
national policy. FHI has also received Global Fund support.
FHI has used community mobilisation approaches to address legal and policy responses through
engaging a broad cross-section of community stakeholders including local government, police and
military (e.g. Malang, East Java). FHI has supported local political leaders to convene all stakeholders
in highly participatory forums to engage in discussions and debates on local HIV regulations (e.g.

relating to sex work) and implementation issues. District level AIDS Commissions, Narcotics Boards
and Offices of Justice and Human Rights Prison officials, faith based organisations, local NGOs and
CBOs are involved have participated in planning.
In Papua Province, FHI has an agreement with certain provincial and district health services that
prevention programming for MARPs, training, program and clinical mentoring for health services
will be supported by FHI.
In districts that have received FHI support, there has been a focus on planning for implementation in
conjunction with roll-out of Global Fund activities.
In 2008-2009, FHI ASA project funded actions on local laws has included:
• workshops were held on HIV regulations for the City of Surabaya.
• workshop on the sexual and reproductive rights of female sex workers in collaboration with
NGO, the Indonesian Woman’s Coalition, to inform the development of local policy and
regulations for HIV/AIDS responses in Central Java, before sharing with other provinces.
3.2 Health Policy Initiative (HPI)
HPI, implemented by Constella Futures, worked from 2006-2009 to provide technical assistance to
address policy challenges to ensure the successful implementation of prevention, outreach, testing,
care, and treatment services; and to provide technical assistance to strengthen the capacity of the
National AIDS Commission (NAC) to respond to the HIV epidemic through improved planning and
resource allocation. The project has worked in close collaboration with FHI ASA Project in
addressing policy areas relevant to improving HIV services for MSM and sex workers.
HPI’s focus has been policy and laws at provincial and district levels, primarily relating to sex work.
HPI’s contract ran from 2006-2009. HPI worked closely with FHI ASA to address policy issues
affecting prevention programs. HPI worked with local partners to develop technical expertise on
policy development.
Activities included:
i. strengthening the capacity of the KPA and provincial AIDS commissions to do evidence-
based resource allocation;
ii. working in select districts to conduct a policy implementation barriers analyses to address
factors hindering HIV-related policy implementation. HPI staff met worked with ASA
regional directors to address policy issues they faced in implementing programs.
Strengthening capacity to implement the national 100% Condom Use Policy in the sex
industry was a priority;
iii. supporting an informal network of individuals and organizations working on targeted HIV
prevention to form a Working Group for Gay, Transgender, and MSM, which was formally
established under the KPA in 2008;
iv. providing training in conjunction with Burnet Institute for MSM & TG community leaders to
develop advocacy skills and develop a national level advocacy plan;
v. funding an MSM mapping and a situation assessment;
vi. conducting advocacy training: facilitators previously trained by HPI conducted advocacy
workshops to build the skills of local advocates ;
vii. supporting HIV policy champions among Muslim religious leaders in East Java to support
implementation of a 100 percent condom use policy.
3.3 Scaling Up for Most-At-Risk Populations Project (SUM I and II)
USAID is tendering a new 5 year HIV program, funded at USD$7 million per annum, comprising two
project components (SUM Project I: Technical Assistance and SUM Project II Organisational

Strengthening). A decision on the tender is imminent. FHI has bid on the tender for the technical
assistance component (USD$5 million).
The focus populations of the SUM projects will be sex workers, MSM and people who use drugs. The
activities to be implemented, including the emphasis on different levels of the response (national,
provincial, district, local), will be decided after discussions with the successful tender organisation,
KPA and other development partners including AusAID. This will determine the focus of any policy
and legal work to be included in the SUM I workplan.
It is anticipated that the number of NGOs supported under SUM II will reduce to around 25-30
compared to over 60 under FHI/ASA.
The lifting of US Government restrictions relating to needle and syringe programs will enable a
stronger focus on IDU harm reduction law and policy under SUM. However, USAID’s expectation is
that AusAID will continue to be the lead source of support for efforts relating to IDU harm reduction
in Indonesia.
4 Global Fund
MOH, KPA and Indonesian Family Planning Association (PKBI) are implementing a Global Fund
Round 8 grant (USD$26,719,418 for 2009-2014), but this does not include specific funding for legal
and policy responses. Indonesia is also anticipating approval of a Round 9 grant of USD$27,723,275
for a five year period expected to commence in 2010. Historically, GOI has not been efficient at
disbursing funds, so underspends are anticipated.
Although there is a clear focus on addressing most at risk populations, there is very limited emphasis
in the workplans for these grants on activities to address the legal and policy environments.
The Round 9 proposal includes a community systems strengthening component including technical
assistance to support for national CSO networks.
KPA is the designated lead agency for community outreach for drug users, needle/syringe programs
and prison HIV prevention and harm reduction programs and will work with DepHukHam and CBOs
for this purpose. For sex workers, Global Fund is supporting a ‘structural intervention’ approach
involving local advocacy on HIV as a public health emergency so that local regulations supporting
HIV prevention will be promulgated and enforced. KPA will take the lead in this activity, with the
aim that regular condom use becomes the norm in one sex work site in each district where the project
is working.
5 UN agencies
The work of UN agencies is guided by the UN Development Assistance Framework Indonesia 2006-
2010. An outcome of UNDAF is reduced vulnerability of populations most at risk of HIV/AIDS:
prisoners, IDUs, MSM, transvestites, women, youth, sex workers, with the aim that by 2010
programmes and policy frameworks and/or legislation in place to reduce vulnerability and create
equitable conditions for access to basic services.
5.1 UNAIDS
The UNAIDS Evaluation Country Report (2008) found that human rights-based approaches to HIV
are high on the agenda of all Cosponsors in both advocacy and programme development, but
UNAIDS Indonesia has not developed a joint policy or strategy on human rights of vulnerable groups
and PLHIV; UNAIDS has strengthened the capacity of networks and NGOs through support for
training, participation in international conferences and links to international networks.

UNAIDS Secretariat’s priorities are advocacy and coordination, use of strategic information, and
resource mobilisation. UNAIDS secretariat coordinates its human rights work with the co-sponsors,
working particularly closely with Office of the High Commissioner on Human Rights and UNDP.
Partners in the work include GOI Ministries, civil society, faith based organisations and the human
rights advocacy community.
UNAIDS Secretariat:
• has been involved in advocacy with the KPA leadership relating to universal access for
MARPs, partnership work with the Human Rights Commission and some capacity building
and small-scale funding for MSM and TG networks. UNAIDS has coordinated the funding of
two national meetings of GWL-INA, with contributions from UNFPA and UNDP. UNAIDS
has facilitated meetings between religious leaders and MSM representatives.
• is conducting an ongoing program of trainings and meetings on HIV and human rights, with a
focus on the right to health. This has included a high profile on human rights at ICAAP Bali
regional HIV Congress, and producing resources on the rights of detainees in partnership with
the Ministry of Law and Human Rights, which were sent out to all prisons in Indonesia.
• supports GOI and civil society to prepare their UNGASS Reports, which provide an
opportunity to report Indonesia’s national progress against global indicators relating to law,
legal services and policy.
• actively promotes inclusion of human rights including gender issues and GIPA in Indonesia’s
Global Fund proposals and provides input to reporting on international treaty commitments
e.g. CEDAW.
• is able to access resources and technical assistance from UNAIDS RST including ALPF funds
for work with parliamentarians.
5.2 UNODC
UNODC’s Indonesia Office has two professional staff focusing on HIV, an international and national
HIV adviser. UNODC was actively engaged with KPA in development of IDU related components of
the new National Strategy and Operational Plan on HIV and AIDS 2010-2015. UNODC are a
member of the Technical Support Group for the Strategy implementation.
UNODC has been active in advising GOI on the 2009 Narcotics Law. UNODC is paying for a
consultant to be placed within KPA to work on the implementing regulations for the Narcotics Law to
apply across government agencies involved in the response. The detail of implementing regulations
will be critical to the impact of the legislation on harm reduction. The legislation could be interpreted
as a barrier to outreach as it may require outreach workers to report IDUs to police, which would
undermine trust.
UNODC is organising a series of roundtable meetings with national parliamentarians on HIV-related

needs of IDUs. Partners involved in organising these meetings are UNFPA, WHO, UNDP, KPA,
BNN, the national organisation of IDUs and Atma Jaya University. This is funded through
Programme Acceleration Funds of UNAIDS Regional Office.
UNODC has limited engagement on HIV-related law enforcement issues because this has not been
requested by GOI except for infrequent meetings with high level police and a lecture at the police
academy.
UNODC define priorities to be more supportive legislation, measures to address high levels of
incarceration and a focus on the quality of harm reduction services being scaled-up through Global
Fund projects. UNODC is concerned about low numbers of people accessing services including in
narcotics prisons. AusAID support to IPF is highly valued and timely given DFID’s withdrawal of
support for IPF.

UNODC country office receives technical support on policy issues from UNODC Regional Office.
UN Regional Taskforce on HIV/AIDS and IDU provides support to UNODC country offices through
data collection and situation analyses, and opportunities for country offices to share lessons and data
at regional meetings and conferences.
5.3 UNDP
UNDP’s human rights adviser is providing advice on UN-led HIV initiatives. UNDP is supporting
work with MSM and waria groups, and makes an important contribution to the national response by
managing the IPF.
5.3 UNFPA
UNFPA engages with parliamentarians at the national level and promotes the rights of sex workers
and waria to political and civil society leaders. Advocacy activities to parliamentarians have been
organised in collaboration the Indonesian Forum of Parliamentarians on Population and Development
(IFPPD) and there has work on local HIV laws in Sumatra and NTT.
5.4 IOM
IOM has been involved in training and other capacity building working with Indonesian police in
relation to HIV and rights of sex workers relating to human trafficking issues.
5.5 WHO
WHO incorporates a rights-based perspective into national policy work e.g. national human rights
recommendations for the health sector of the WHO MOH Review of Indonesia Health Sector
Response to HIV and AIDS (2007).
5.6 UNIFEM
UNFEM had commissioned a gender review to examine the existing policies and programmes of
KPA in the broader context of laws and regulations of health, education, women’s empowerment, law
enforcement and religious sectors. Operational guidelines on mainstreaming gender into HIV
programming will be developed on the basis of the gender review. UNIFEM is supporting the
Ministry of Women Empowerment in developing an overarching Gender Equality Law.
6 CSOs
Community Legal Aid Institute (LBHM)

In 2008-2009, LBHM received funding (not HIV-specific) from Australia Indonesia Legal
Development Facility. AusAID supported LBHM on a six-month pilot project “Community Legal
Empowerment” to establish community-based legal aid services, including education, legal aid posts
and seminars within communities in need of legal assistance in four areas of greater Jakarta. This
included legal services to injecting drug users.
Supported by International Development Law Organization (IDLO) (with funds from OPEC Fund for
International Development), LBHM undertook a needs assessment in 2009 to determine the HIV-
related needs of PLHIV and key populations and assess the extent of their access to legal aid services.
A desk review and a series of focus group discussions and consultation with key stakeholders were
undertaken.
The consultation identified very few lawyers or legal aid services available to and appropriate for
people living with HIV and key populations. Even when legal assistance was available, there are
significant barriers to HIV-affected populations accessing information about their rights and legal

advice and representation, particularly because of a lack of trust in lawyers and the legal system. In
2010 IDLO will commence an 18 month pilot project supporting LBHM to provide legal services to
address the legal issues of PLHIV and key populations. LBHM will empower and provide legal
services to four communities identified as disproportionately vulnerable to HIV: PLHIV; people who
inject drugs; sex workers; MSM and waria.
Stigma Foundation
Stigma Foundation is a Jakarta-based CBO whose members are former drug user, active users, and
people living with HIV. Stigma conducts advocacy on human rights issues affecting IDUs and has
received support from the HIVOS Foundation (Netherlands).
Indonesian Community Advocacy Network on HIV/AIDS (CAN-Indonesia)
CAN is a national advocacy network set up with the assistance of APCASO and AFAO including
thorugh AusAID funding through the HIV Consortium.
Indonesian Coalition for Drug Policy Reform
Indonesia Coalition for Drug Law Reform has been advocating for improvements to the Naroctics
Law 2009. The Coalition brings together advocates from the Atma Jaya University, Stigma
Foundation, and LBHM. The Coalition provides an opportunity for political lobbying and presenting
the evidence of effectiveness of harm reduction to government.
National community-based networks
Five national networks have been established in the past three years: JOTHI (people living with
HIV); PKNI (drug users); GWL-INA (Waria; MSM); IPPI (women living with HIV); and OPSI (sex
workers).
These national networks operate with limited financial and in-kind support from KPA, IPF, UN
agencies and AusAID. HCPI has a partnership with GWL-INA co-funded by KPA/IPF and AFAO.
HCPI plans to continue a basic level of support for GWL-INA in 2010.
JOTHI has played a key role in Indonesia UNGASS Report preparation, development of National
AIDS Strategy 2010-2014, and has provided input to development of some provincial HIV laws.
JOTHI have facilitated establishment of an Indonesia UNGASS Forum and advocated (through the
Advocacy Network for the Health Law), to oppose introduction of a law which would have
criminalized HIV transmission in 2009.
The national NGO Spiritia, which has been receiving AusAID support for many years, also provides
a policy voice to people living with HIV including on the Global Fund CCM and KPA. Through
JOTHI and Spiritia, people living with HIV are represented in policy-making forums and participate
in monitoring the national response.
JANGKAR (the Indonesian Harm Reduction Network) provides a community based advocacy voice
for harm reduction approaches and has 75 member organisations that deliver peer based services to
IDUs. It has received some support from OSI to document human rights violations.
There remain significant gaps in expanding their presence and network support functions to provincial
levels.
GWL-INA’s national secretariat was established with a coordinator in 2009. The secretariat's primary
role will be to support the GWL-INA membership, its board, and advocacy working group, to achieve
the networks objectives and workplan. KPA provides office space and funding for administrative and

finance staff. AFAO funds a coordinator’s salary, costs associated with the Network’s registration,
organisational system development, technical support, and support for membership and board
meetings and capacity strengthening activities.
AFAO (through its own funds, as well as AusAID HIV Consortium funding and activities in
partnership with Burnet Indonesia) has supported the GWL-INA including:
i. funding for a series of regional consultation meetings;
ii. co sponsoring (along with the KPA, Burnet Indonesia, HCPI and FHI) the inaugural national
meeting of the network membership;
iii. facilitating and funding a strategic planning workshop for the network;
iv. supporting representation at International HIV Conferences
v. organising and funding a study tour of Australian HIV and male sexual health services.
HIV Consortium funds have enabled some support for GWL-INA including capacity strengthening
workshops on research. Consortium funding aims to ensure the GWL-INA effectively represents the
interests of its members and participates in policy and program development.

Annex III: Mapping of Asia regional HIV legal and policy activities
The Terms of Reference for the Scoping Exercise requested that:

• a specific focus be given to mapping activities of 13 organisations (listed at A and B below)
with regional activities relating to HIV law and policy relevant to MSM and IDUs;
• the mapping should not include HAARP, or its existing partnerships with UNODC and
UNAIDS which focus on harm reduction in the Mekong countries, but should include
civil society organisations working regionally on harm reduction policy and advocacy;
• the mapping should include regional activities that affect Indonesia, Burma, Lao PDR and
Cambodia.
The mapping therefore includes:
A. Organisations and initiatives receiving funding from AusAID

1. Asia Pacific Network of People Living with HIV/AIDS (APN+)
2. Asia Pacific Council of AIDS Service Organisations (APCASO)
3. Asia Pacific Regional Networks on HIV/AIDS (7Sisters)
4. HIV Consortium for Partnerships in Asia and the Pacific (the Consortium)
5. Asia Pacific Leadership Forum on HIV/AIDS and Development (APLF)
6. International HIV/AIDS Alliance (Alliance)
7. Asian Network of People who Use Drugs (ANPUD)
B. Other regional organisations and initiatives

8. Purple Sky Network (PSN)
9. Family Health International (FHI)
10. Asia Pacific Coalition on Male Sexual Health (APCOM)
11. Foundation for AIDS Research (amfAR)
12. USAID Health Policy Initiative, Greater Mekong Region and China (HPI/GMR-C)
13. UNDP Regional Centre Bangkok (UNDP RCB)
In addition, the activities of the following organisations, which were identified during the Scoping
Exercise as relevant to IDU and MSM regional legal and policy responses, are briefly described. This
is not intended to be an exhaustive list. There are numerous other NGOs, academic, research and for-
profit development companies engaged in activities of some relevance to the regional HIV legal and
policy response, IDUs and MSM. However the following organisations were identified as particularly
relevant to highlight for AusAID consideration. Those that are asterixed have previously received
AusAID funding for HIV activities.
C. 14. AIDS Society Asia and the Pacific (ASAP)*

15. Asian Consortium on Drug Use, HIV/AIDS and Poverty *
16. Asian Harm Reduction Network (AHRN)*
17. Asian Forum of Parliamentarians for Population and Development (AFPPD)
18. Burnet Institute, Centre for International Health*
19. Insular South East Asia MSM Network (ISEAN)
20. Asia Pacific Transgender Network (APTN)

A. Organisations and initiatives receiving funding from AusAID
1. Asia Pacific Network of People Living with HIV/AIDS (APN+)
APN+ was established in 1994 to provide a collective voice for PLHIV in the region; to coordinate Asia Pacific inputs to the Global Network of People Living
with HIV/AIDS (GPN+). It has a secretariat in Bangkok. APN+ has 29 country members including Australia, Burma, Cambodia, Indonesia and Lao PDR. APN+
is a peer-based organisation. Representatives must be HIV-positive. APN+ advocates GIPA and rights of PLHIV at regional level, and builds the capacity of
positive people’s organisations. AusAID has provided approximately AUD$110,000 p.a. for 2008-2009 to cover some essential management costs, as well as
capacity building support through the HIV Consortium’s partnership project (with AFAO). Project funding is from UNAIDS, UNDP, USAID, Levi Strauss
Foundation (LSF) and the HIV Alliance. APN+ employs a Regional Coordinator, project and administrative staff. APN+ is also assisted by a number of advisors
(PLHIV with regional expertise). APN+ has representation on APLF Steering Committee, ASEAN Secretariat, UN Taskforces, UNGASS, Organising Committee
for ICAAP, Seven Sisters, Asian Red Cross and Red Crescent HIV/AIDS Network, UNDP Asia Pacific Empowerment of PLHIV Initiative, UNAIDS Programme
Coordinating Board and Global Fund CCMs.
Activities relating to MSM and IDU Harm Reduction advocacy, law and policy
Project Includes Focus MSM or Funding/ Year
Countries HR Focus Partners
The Positive MSM Working Group of APN+ explores policy and program issues related to MSM living with HIV and advocates on emerging Regional MSM UNAIDS, 2008-
issues. APN+ MSM Working Group has more than 30 members from 13 countries. Capacity development initiatives for HIV positive MSM in the UNDP,
region include: Inc ongoing
USAID
• training on research methods Indonesia &
AusAID,
• research on needs in six Asian countries (Burma, India, Indonesia, Malaysia, Nepal and Singapore) Burma
Levi Strauss
• sessions relating to positive MSM at ICAAP Bali Foundation
Plans for 2010 include: (LSF)
• a report on issues impacting access to treatment and related services for positive MSM communities in six Asian countries)
• meetings to discuss the research findings, to motivate MSM communities and broader PLHIV communities to advocate for improved access
to treatment, including policy changes PACT,
• facilitate focus group discussion led by APN+ in 10 Asian countries to assess the issues and needs of positive MSM in those communities. Alliance,
UNDP
Coordination and delivery of capacity development for HIV positive IDU including: establishment of APN+ positive IDU working group ; multi UNAIDS,
Regional HR UNDP, 2008-
country research to identify the needs of positive IDU in the region; training on peer research methods; development of treatment training module on
USAID 2009
HIV and Hepatitis C and advocacy on access to Hepatitis C treatment
AusAID, LSF

Positive Injecting Drug Users Advocacy Project promotes access to treatments in India, Indonesia, China, Nepal, Burma and Vietnam. Indonesia, HR LSF Current
Burma
The Positive IDU Working Group in 2010 plans to: Regional HR LSF, Current
• develop HIV and Hepatitis C co-infection training modules UNAIDS,
• support regional capacity development of people who use drugs in partnership with ANPUD UNDP
• strengthen community mobilisation to create awareness of Hepatitis C co-infection
• distribute the ‘Access to HIV treatment among drug user HIV positive people research findings in six countries’ report, and develop
advocacy campaigns at country and regional level
• advocate and lobby the Global Fund to ensure hepatitis C treatment is included in Global Fund programs
• review existing drug law and policy and its impact on HIV positive people who use drugs (currently unfunded)
The Positive Capacity Development Initiative Regional - AusAID Current

The HIV Consortium funds this project through AFAO’s partnership with APN+. The Initiative helps develop country-level and regional PLHIV (Greater
organizations and networks and strengthens capacity of PLHIV to represent their communities and advocate for rights. APN+ manages the project. Mekong,
East Timor,
Indonesia
and Pacific)
2. Asia Pacific Council of AIDS Service Organisations (APCASO)
APCASO is a network of NGOs/CBOs providing HIV services. It was formed in 1992 as part of the global network of the International Council of AIDS
Service Organizations (ICASO). APCASO aims to strengthen community-based responses, by supporting national NGO/CBO networks, and promoting
participation of most at risk communities in the response. APCASO has engaged with national human rights groups and coordinates civil society involvement
in UNGASS reports presented to the UN General Assembly every two years. In the 2008 and 2010 rounds, it provided a regional perspective on civil society
participation in the UNGASS process. In 2008, APCASO conducted a regional review of UNGASS and civil society participation in Asia Pacific. APCASO
implements training and support across a range of activities. APCASO is building advocacy capacity in Indonesia and Lao PDR, and draws from its
achievements in law and human rights in China and India. In China, APCASO promoted human rights via radio broadcasts and supported a successful test
case that changed insurance practices nationally. In India, APCASO engaged with MSM and sex workers a national HIV/AIDS Bill and supported advocates
involved in test case leading to decriminalisation of homosexuality.
APCASO receives funding from AusAID, AFAO, Bill & Melinda Gates Foundation, GlaxoSmithKline’s Positive Action Programme, ICASO, UNAIDS.
AusAID has provided approximately AUD$110,000 to cover some essential management costs, as well as capacity building support through the HIV
Consortium’s partnership project (with AFAO). APCASO’s Board of Trustees is appointed/elected by members. A Council of Representatives provides
guidance on strategic directions and is responsible for management. National Focal Points (NFP) are generally peak or leading national HIV organisations.

NFPs provide links between country and regional levels. The NFP role is voluntary. The Secretariat provides programme management, monitoring and
administrative support for network activities. APCASO’s Strategic Plan encompasses advocacy, capacity development, partnerships and networking, and
institutional strengthening.

Asia Pacific Civil Society and 2008 UNGASS on HIV and AIDS report, review of 25 countries’ 2008 AIDS Progress Reports, and provides Yes (& notes - - 2008
overview of civil society's participation in UNGASS country responses , and an assessment of the accuracy /gaps of each report in terms of civil Burma did not
society experience present a report)
APCASO undertook a mapping of the HIV/AIDS advocacy landscape in selected countries in Southeast Asia to assess the readiness of civil - - PATH 2006
society for microbicides advocacy. The project's findings were disseminated at a regional workshop and internationally. Subsequent publications Europe,
(Thailand,
include ‘Microbicides: A MUST HAVE for Women in Southeast Asia’ and ‘Preparing Civil Society for Microbicides Advocacy in Southeast Asia’. European
Philippines&
Community
Malaysia)
and DFID
APCASO worked with 7 Sisters on the Civil Society Support Mechanism (CSSM) to provide communication, consultation, and coordination Regional - 7 Sisters, 2008
support for civil society to be involved in the progress reviews of the Declaration of Commitment on HIV/AIDS (2001) and the Political UNAIDS
Declaration on HIV/AIDS (2006). A Regional Consultation for Civil Society on the High Level Meeting was convened.
APCASO (with AFAO & AusAID) HIV and AIDS Partnership Initiative (AHAPI) facilitated a process for NGOs and CBOs to identify their Indonesia - AFAO, 2005 to
policy and advocacy aims; provided training on developing action plans on policy analysis and advocacy to enhance the role of NGOs /CBOs; (China & AusAID 2008
and strengthened the role of APCASO to document and disseminate lessons learned to CBOs. Thailand)
The Community Advocacy Initiative (CAI) utilises Community Advocates Networks (CAN), and an advocacy toolkit. CAI began in Indonesia Indonesia, Lao MSM AFAO, 2008 to
in 2008 and Lao PDR in 2009, and will be implemented in Vietnam in 2010. CAI provides a sustained model of community leadership
PDR (in AusAID 2011
development with a series of training workshops, ongoing mentoring of advocates and action planning. APCASO’s partner in Indonesia (GAYa
NUSANTARA) is a key MSM policy and advocacy organisation. CAI works with well-established partner organisations. In each country, a local (& Vietnam) Indonesia)
community organisation implements the program with APCASO. The local partner organisations play a leading role in the development and
delivery of the program to ensure that approaches and activities are tailored to local contexts and needs.
CAI also enables APCASO to more effectively design, implement and evaluate advocacy capacity development programs and strengthen its
partnerships with CBOs.

3 Asia Pacific Regional Networks on HIV/AIDS (7Sisters)
7Sisters (‘7S’) mission is to raise awareness, mobilize resources, and strengthen participation of communities for an integrated, comprehensive, effective HIV
response. Core members are APN+, Asia Pacific Network of Sex Workers (APNSW), ANPUD, Asia Pacific Transgender Network (APTN) and Coordination
of Action Research on AIDS Mobility in Asia (CARAM Asia). Strategic Partners are Asia Pacific Coalition on Male Sexual Health (APCOM) and
International Community of Women Living with HIV Asia Pacific (ICW-AP). Technical Partners are Asian Harm Reduction Network (AHRN) and
Technical Support Facility Southeast Asia Pacific (TSF SEAP). The Secretariat is the regional host of the Civil Society Action Team (CSAT) Asia Pacific
which provides support for CSOs on issues related to Global Fund grants.
AusAID has provided funding to cover some essential management costs: Year 1 (March 08 – Feb 09) USD114,000; Year 2 (March 09 – Feb 10) USD
102,000. 7Sisters has also received project funds from ICASO, Levi Straus Foundation and UNAIDS Technical Support Facility. Funding has also been
provided directly from UNAIDS Geneva and the Global Fund. The Board consists of two representatives nominated by full membership organisations and
elects a Management Committee from among member networks. The Management Committee is comprised of three members from the Board, including a
representative of APN+. 7Sisters has representation on the ASEAN Taskforce on AIDS, ICAAP Advisory Committee, UNAIDS PCB, UNGASS Civil
Society Task Force, UNAIDS Asia Pacific Monitoring and Evaluation Reference Group and Free Space - a Global coalition of CSOs on key policy making
bodies.
Project Includes Focus MSM Funding/ Year

Countries or HR Partners
Focus
7S engaged consultants to develop a resource titled ‘Minimum Standards for Civil Society Participation in the Universal Access Initiative’. A Regional - Malaysian 2008/
series of Minimum Standards in-country workshops were conducted AIDS Council, 2009
Inc. Cambodia
APCASO
CARAM, HDN,
UNAIDS
Secretariat staff engaged in meetings with Global & Indonesian Civil Society Action Team (CSAT) partners. CSAT is a civil society-led global Indonesia - - 2008/
initiative that aims to coordinate, broker, and advocate for technical support to CSOs implementing or seeking grants from the Global Fund.
2009
Secretariat assisted with negotiations and establishment of the CSAT Indonesia Office. CSAT Indonesia staff were then active in the development of

Indonesia’s funding proposals and in developing networks with PLHIV, MSM, sex workers and people who use drugs.
7S co-hosted consultation of the Global Fund’s Sexual Orientation and Gender Identity (SOGI) Strategy in 2009. 7S strongly advocated for inclusion Regional MSM - 2009
of SOGI components for R10. 7S convened a consultation in 2009 and developed a service package recommendation on MSM, PUD/IDU, PLHIV, HR
Women, Sex Workers. In R9, 7S brokered technical support for seven countries that developed CSS components for Round 9. Six of those countries Inc. Cambodia
were successful in their submissions. 7S is currently identifying training needs for CCM members on MSM and other issues. Indonesia
Assisted APN+ Positive MSM working group preparation and completion of proposal to USAID/PACT. Regional MSM USAID, 2009
Inc. Cambodia PACT
Indonesia Lao
Provided expertise and support to regional MSM meetings: APCOM Insular MSM Network (Aug 2009), FHI MSM Consultation (Nov 2009), Regional MSM - 2009
Role of MSM and Transgender Civil Society Organizations in Delivering the Comprehensive Package of HIV Prevention, Treatment And Care
Services and Programs In Asia (2010).
9th ICAAP - 7S had three seats on the International Advisory Committee and supported the APCOM Pre-Congress MSM Forum. 7S placed MSM Regional MSM - 2009
speakers in the Opening Ceremony program and Plenary.
7S worked with APCASO on the Civil Society Support Mechanism (CSSM), to review implementation of the Declaration of Commitment on Regional - Coalition, 2008
HIV/AIDS (2001) and the Political Declaration on HIV/AIDS (2006). In 2008, a Regional Consultation for Civil Society Preparation leading to the APCASO
Inc. Indonesia,
High Level Meeting was convened. UNAIDS
Cambodia
The Civil Society Task Force (CSTF) - 7S Coordinator and APNSW represented the Asia Pacific region and the UNAIDS NGO Program Regional - - July
Coordination Board Delegation on the Civil Society Task Force established to advise the Office of the President of the General Assembly on the High 2008
Level Meeting. In this capacity, 7S Coordinator identified, placed and trained speakers, including MSM, in the HLM program therefore ensuring that
Coalition members and the Asia Pacific were well represented at all levels of the High Level Meeting with high profile speaking roles in the Civil
Society Hearing, joint theme panels. 7S provided the civil society speaker for the Opening Plenary who was also able to participate in the President of
the General Assembly’s Press Conference. 7S Coordinator addressed the meeting on issues important to civil society.
As NGO Delegate Asia Pacific to UNAIDS Programme Coordinating Board (PCB), the Regional Coordinator has been working on MSM policy Regional - - 2009
issues in this forum since 2008. The human rights of MSM and access to HIV services was discussed at 2009 PCB meetings and is scheduled to be
revisited at the June 2010 PCB. Harm Reduction was addressed at the June 2009 PCB and the secretariat engaged with harm Reduction Networks to
develop formal wording for the Decisions of the Meeting.
7S conducted two regional and one national workshops during September, October and December 2009 to document key lessons from Global Fund Regional - Global Fund 2009
Round 8 & 9 on Civil Society Strengthening (CSS) experiences. That work included development of CSS components, technical assistance and
network strengthening. Inc. Indonesia
Cambodia

XVII International AIDS Conference - APNSW and AHRN represented Coalition interests on the International Planning Committee. The Regional - - 2008
Secretariat hosted the Asian Networking Zone in the Global Village. Coalition members were active in the Special Session for Asia, PLHIV Forum,
Global MSM Forum, PLHIV Focus Group for Future International conferences, various CSAT Sessions, sessions on the Independent Commission on
AIDS in Asia, and met with UN Secretary General Ban Ki Moon.
Secretariat staff participated in: Global Fund’s Consultation on Sexual Minorities in Nepal July 2008; the Partnership Forum to develop the Sexual Regional MSM - 2008/
Orientation and Gender identity (SOGI) Strategy in Dec 2008; and hosted the SOGI Global Consultation in Bangkok in Oct 2009. 7S is working with 09
the Global Fund secretariat to promote SOGI components in Round 10 submissions
7S has funded the Asia Pacific Transgender Network (APTN) US$10,000 to develop the network as an independent body. Regional MSM APCOM 2009
APNSW
The Asian Network of People who use Drugs (ANPUD) agreed to be a member of 7S in 2009. The Secretariat assisted ANPUD with the Regional HR AIVL,WHO, 2009/
development of its Constitution, arranging meetings, communications, and developing proposals. 7S will also undertake advocacy for inclusion of Inc. Indonesia TSF, UNAIDS 10
overdose prevention and management in the harm reduction package to the Global Fund. Cambodia RST,
ANPUD training on capacity building on TB issues for people who use drugs and civil society working on drug use issues with UNAIDS Geneva. Regional HR UNAIDS Current
Inc. Indonesia Geneva
Cambodia WHO TAC
Assist AmFAR/Treat Asia in coordination and roll out of MSM Small Grants for the Purple Sky Network in Greater Mekong region. Regional MSM AmFAR 2009/
Inc. Cambodia 10
Lao
Participate as member of AIDS Society of Asia Pacific (ASAP) to facilitate inclusion of affected population in 10th ICAAP congress. Regional MSM - 2010
HR
Partner with Fridae.com to launch ‘Positive Voices’ - internet outreach, research and social networking for Positive MSM in Asia. Regional MSM - 2009/
2010
4. The HIV Consortium for Partnerships in Asia and the Pacific (the Consortium)
The Consortium fosters partnerships and linkages between organisations in Australia and the region, as a mechanism to deliver AusAID’s Regional HIV
Capacity Building Program. In 2007, AusAID invited Australian domestic organisations with expertise in health, research and community based or peer-led
HIV responses to form a consortium. Members are:

• Albion Street Centre, a facility of the South Eastern Sydney Illawarra Area Health Service
• Australasian Society for HIV Medicine Inc
• Australian Federation of AIDS Organisations Inc
• Australian Injecting and Illicit Drug Users League Inc
• La Trobe University, Australian Research Centre in Sex, Health & Society
• National Serology Reference Laboratory, Australia
• National Centre in HIV Epidemiology and Clinical Research, University of New South Wales
• International HIV Research Group, School of Public Health and Community Medicine, University of New South Wales
• Scarlet Alliance, Australian Sex Workers Association Inc
Members have long-term relationships with counterparts, and support skills building, organisational strengthening and leadership development. AusAID
funding is supplemented by funds of Consortium members and their partners. A Program Coordinating Committee (PCC) provides strategic oversight,
approves work plans, and advises on emerging issues. A Technical Advisory Group provides independent technical and other advice on any aspects of the
Program to the Consortium Members, Secretariat and PCC. The Australasian Society for HIV Medicine hosts the Consortium Secretariat. The Consortium
funds regional activities and country-specific projects for Indonesia and Mekong countries.

The APCASO / AFAO Strengthening Regional Advocacy Program Regional - AFAO current
AFAO has worked in partnership with APCASO since 2005 in the development and implementation of a project aimed at developing advocacy Inc. Indonesia AusAID,
capacity amongst CBOs in a number of Asia-Pacific countries. Initially funded by the AusAID HIV/AIDS Partnership Initiative (AHAPI), this Lao PDR AFAO
project has made progress in Thailand and Indonesia where CBOs have demonstrated increased capacity to develop and undertake advocacy Grants
agendas, and where national advocacy networks have begun to emerge and develop. Scheme,
The Program aims to strengthen and empower the HIV community sector by providing for increased advocacy capacity in Indonesia, Lao PDR and APCASO
Vietnam. It will enable community organisations to actively participate in and influence domestic and regional HIV-related policy and program
development, ensuring that they are informed by, and responsive to, issues faced by those most affected by HIV.
The Program also strengthens APCASO’s ability to conduct and implement effective community sector capacity building initiatives across the
region; and its organisational capacity to act as regional representative and advocate for the HIV community sector.
AFAO’s International Grants Scheme has provided $40,000 over two years to augment HIV Consortium funding.
The Positive Capacity Development Initiative (APN+) Regional - AFAO current

The Positive Capacity Development Initiative aims to assist in the development of sustainable, effective country-level and regional PLHIV Inc. Burma AusAID,

organizations and networks; strengthening their capacity and PLHIV themselves to represent their communities, advocate for their rights, and to Cambodia AFAO &
contribute to effective responses to HIV and AIDS. The project is particularly focussed on the Greater Mekong region, East Timor, Indonesia and Indonesia Lao APN+
the Pacific. APN+ carries overall responsibility for management control and oversight of the project. A Capacity Building Treatment and Advocacy
Officer is to be based in the APN+ Secretariat.
AIVL Regional Partnership Project (IDU/Harm Reduction) Regional HR AIVL current

The Regional Partnership Project aims to develop the capacity of community organisations and community sector workers to scale up and manage Inc. Burma ANPUD,
community and peer-based HIV services, and to establish and maintain sustainable partnerships for building capacity across the region to support Cambodia Burnet
improved HIV responses of community sectors including organisations of people who use drugs. Indonesia Institute,
AIVL has assisted in the development of ANPUD through an online forum, face-to-face gatherings, support for individuals and organisations to (ANPUD Nossal
attend conferences, networking events, study tours and workshops, information and resource sharing. The ANPUD Steering Committee comprises delegates) Institute,
delegates from Malaysia, Cambodia, Nepal, Burma and two from Indonesia. UNAIDS
(& other
The project is funding ANPUD Asia’s Regional Co-ordinator position until June 2011 and supporting development of information/education
UN
materials. AIVL supports participation of Asian drug user organisations at regional conferences and forums.
agencies)
With support from AusAID Leadership Awards and RTI, AIVL is supporting study visits to Australia by peers, health workers, policy makers and
AusAID
government officers. The Project will also support AIVL’s ongoing liaison and advice to Australian development organisations working in the
Leadership
region including the Burnet and Nossal Institutes, HAARP and other AusAID projects and to multilateral organisations. Objectives include the
Awards,
development of a supportive policy and legislative environment for improving the health and wellbeing of people who inject drugs in the Asia
RTI
region.
Strengthening the GWL-INA Indonesia National Gay MSM and Waria Network Indonesia MSM AFAO current
The GWL-INA was established in May 2007 to support the scale up of HIV prevention and care programs for MSM and transgender people AusAID,
(Waria). It acts as advocate and coordinating body for the MSM and Waria communities and many of their organisations; working to ensure the Burnet,
issues and needs of MSM are reflected in the development of programs and policies. KPA
The Building Social Research Capacity in Indonesia project involves UNSW partnerships to strengthen HIV social research capacity in the Indonesia - IHRG current
Medical Faculty of Gadjah Mada University by training and mentoring researchers. Gadjah
Mada
University
The Building HIV Social Research Capacity in the Mekong project targets Cambodia, Vietnam and China, aiming to build social research Mekong - ARCSHS current
partnerships with researchers and research institutions. In Cambodia, the project will develop tailored workshops focusing on research needs; Inc. Cambodia (La Trobe)
aiming to assist NCHADS to broaden its HIV research work into social research. In Vietnam, the project aims to: develop new researchers; build
NCHADS
capacity of established HIV researchers; and develop HIV as an area of commitment within a university. In China, the project aims to extend and Cambodia
enhance the social research response to HIV. Sun Yat Sen University (PR China) has an interest in expanding their social research response to HIV
Institute for
in China particularly in relation to MSM and HIV, with specifics strategies developed through face to face meetings with senior staff. Social

Developme
nt Studies,
Vietnam
Sun Yet Sen
Uni, China
The Building an Asia/Pacific HIV evidence base and network for social researchers project aims to build an Asia-Pacific network of HIV social Regional - ARCSHS current
researchers. Community participation in social research will be facilitated community participation in research workshops, and skills building with Over 50
community partners. members
The Building an Asia/Pacific HIV Evidence Base and Network for Social Researchers Annual Meeting involves organising an annual day- Regional - IHRG current
long meeting of Asia-Pacific HIV social researchers at a regional conference. In 2009 this was held at ICAAP in Bali. In 2010, it will be held at the
ASHM conference.
Strengthening Strategic Partnerships for Sex Workers in the Asia Pacific Region Regional - Scarlet current
Scarlet Alliance has established relationships with 17 sex worker organisations, projects, networks or groups in the region, as well as relationships Alliance
with individual sex worker advocates. Scarlet aims to be inclusive of male sex workers, transgender sex workers and HIV positive sex workers. 17 sex
worker
The project provides opportunities for sex worker organisations and sex worker advocates to build strategic partnerships increasing the capacity to
groups
identify and respond to issues impacting on sex workers in the Asia and Pacific region. The project will strengthen partnerships between sex
(including
workers and will increase sex worker’s ability to self organise and build regional solidarity. The project will also mentor, support and resource sex
Cambodia)
workers to attend key international conferences and events, in order to share and develop skills and expertise.
5. The Asia Pacific Leadership Forum on HIV/AIDS and Development (APLF)
APLF was established to increase effective leadership against the AIDS epidemic in the region. The APLF team is also conceived as the advocacy arm of
UNAIDS RST AP. APLF is guided by a Steering Committee (SC) that meets annually. APLF supports and strengthens parliamentarians, media executives,
business communities, religious leaders and women’s’ leaders at sub-national, country, sub-regional and regional levels. From these leaders, APLF identify
“champions” at country and regional level to advocate with their peers on HIV, and to use their sphere of influence to impact on larger societal attitudes. The
impact of leadership actions is enhanced through the creation of a critical mass of like-minded leaders, through, for example, forums of Parliamentarians and
legislators, in countries with APLF activities. The APLF also liaises with and builds on other existing leadership initiatives in the region to ensure
harmonization, empower, broker and facilitate leadership opportunities using UNAIDS and key partners’ strengths and comparative advantages. The APLF
work program is mainstreamed across the UNAIDS RST. Australian Government initiated APLF at the first Asia Pacific Ministerial Meeting on HIV/AIDS
in Melbourne, 2001. APLF works with political, media, business, women and religious leaders by forming leadership forums drawing together influential
people, identifying individual champions to be the public face of the HIV response, and institutionalising shifts in perspective. APLF has four priorities:
i. addressing legal barriers to working with sex workers, MSM and drug users;
ii. addressing stigma and discrimination;

iii. appropriate allocation and oversight of resources;

iv. high-impact prevention, through focusing on highest risk.
Though APLF focuses at the country level, sub-regional and regional approaches are used to support and enhance country responses. APLF recognizes the
significance of key sub-regional bodies (e.g ASEAN) and collaborates to engage leadership. APLF Steering Committee members have played a significant
role in promoting harm reduction in India, Bangladesh and Malaysia. In India and Nepal, members of APLF have worked for rights of MSM. APLF’s primary
funders are AusAID, NZAID and OPEC. In the past, APLF received funding from the European Union, Japan, UK and USA. AusAID has been the primary
funder. APLF was allocated $1,629,519 for the 2008-2009 biennium. APLF is managed by the UNAIDS RST. A Steering Committee of Asia-Pacific leaders
(including Australia’s Ambassador for AIDS) provides strategic guidance. The APLF team at UNAIDS RST comprises the APLF manager, three sub-
regional coordinators, (South Asia, Southeast Asia and Pacific), and a programme assistant. APLF targets South Asia, Southeast Asia and the Pacific.
Southeast Asia priority countries are Cambodia, China (one province), Indonesia and Viet Nam. APLF also provides technical support in Pakistan,
Philippines and Thailand (through funding from the OPEC Fund for International Development).

Presentation to parliamentarians meeting on harm reduction and women, Kuala Lumpur. - - -
th
Activities at the 9 ICAAP Conference: Regional MSM - 2009
• support to Parliamentarians to attend sessions on drug use
• inter-faith leaders special session HR
• legal barriers to addressing MSM, drug users and sex workers special session
• APLF members supported to participate in leadership session convened by First Lady of Indonesia
• declaration includes emphasis on reaching most at risk (including drug users and MSM) and addressing impediments to effective
prevention including legal and policy frameworks which criminalize vulnerable populations.
APLF has continued providing financial and technical support to ASEAN in implementation of its 3rd phase work plan on HIV and AIDS. Regional - - ongoing
Report of the Commission on AIDS in Asia and Civil Society – A civil society advocacy project enables civil society to use the findings of the Regional - - 2009
report to advocate for recommended strategies and actions within countries, and ensure those recommendations are reflected in national planning
and programme implementation, thus promoting accountability
Community Leadership - APLF has initiated a programme for mentoring and strengthening identified leaders from sex work, MSM and drug- - MSM - 2009-10
user organisations, while supporting organisational re-structuring or strengthening. Leaders from three organisations in South Asia will be linked HR
to mentors for a structured 2-year capacity and institutional capacity-building initiative.
Regional Advocacy and Partnership Workshop - A regional jointly organized by APLF and Partnerships Unit of UNAIDS for UNAIDS Social Regional - UNAIDS 2009
Mobilization Advisers and their government and/or civil society counterparts responsible for social mobilization and advocacy. .

In Cambodia the APLF National Champion, Cambodia’s First Lady has engaged in advocacy, presiding over key events to promote more visible Cambodia - - 2008/9
support for HIV. The Cambodian Human Rights and HIV/AIDS Network and the Cambodian Community of Positive Women participated in a
policy dialogue. Muslim organizations implemented an anti-stigma and discrimination campaign for HIV positive members.
In Indonesia APLF is documenting efforts to mobilize leadership on HIV within various sectors. Two such country-level efforts were the Indonesia - - 2008/9
Indonesian media leader’s movement and the positive women’s movement
The Media Leaders’ Seminar 2009 took place in Beijing. APLF organized the seminar hosted by Tsinghua University.. - - - 2009
Orientation of Parliamentarians on legal impediments to scaling up to universal access to prevention, treatment care and support. Regional MSM AFPPD current
HR
Review of laws and drafting revised laws affecting an effective HIV response, to be conducted as the issue arises in individual countries. Regional. MSM - current
Cambodia Lao HR
6. International HIV/AIDS Alliance
The Alliance is a global partnership of 33 nationally-based NGOs working to support community action on HIV in developing countries. The Alliance
provides technical expertise, policy work and fundraising to support Alliance linking organisations’ working with local community groups and NGOs. The
Alliance links country-level community views to the international policy debate. Alliance partners includes the Global Fund; Action for Global Health;
UNAIDS; and IHP. Policy priorities include:
• universal access to HIV services
• human rights protections and supportive legal and policy environments
• increased and meaningful participation of PLHIV and civil society in global policy and advocacy
• health systems strengthening, including addressing stigma and discrimination within health services
• sexual and reproductive health and rights integrated with HIV services and policies
• increased health and HIV financing, including innovative financing and more harmonized donor practices for community-based programs
• increased national funding and support for all health MDGs.
AusAID has provided AUD 640,000 over 20 months for the Alliance’s South-East Asia & Pacific Technical Support Hub, with the expectation that it be self-
funded thereafter. The Alliance is actively pursuing other partnerships and relationships, including one with the UNAIDS TSF, to help place the Hub on a
sustainable footing. Globally, in 2008, the Alliance received funding of US$72.7 million from 46 donors, foundations and trusts. US$29.9 million (41.1%)
was received from the Global Fund, US$29.4 million (40.4%) was received from governments including USAID, DFID, CIDA, Sida, NORAD, DANIDA,
Irish AID and AusAID. US$6.8 million (9.4%) was received from foundations and trusts, and US$6.6 (9.1%) million was received from other sources: Aids
Fonds (Netherlands), Big Lottery Fund, Bill and Melinda Gates Foundation, European Commission, Ford Foundation, GlaxoSmithKline, The Global Fund,

GTZ (Germany), Harafi Foundation, Johnson and Johnson, Levis Strauss Foundation, MAC AIDS Fund, Nuffield Foundation, Open Society Institute,
UNAIDS, UNDP, UNICEF, William and Fora Hewlett Foundation, World Bank, World Health Organisation (WHO).
The Alliance Secretariat employs 170 staff in its offices in the UK, India, US and Belgium with an Asia Pacific regional representative office/small team
based in Bangkok to support country partners in the region. The Alliance is a UNAIDS Collaborating Centre, which includes joint work and activities aimed
at influencing the broader AIDS programme and policy environment. The Alliance participates in the UNAIDS Programme Co-ordinating Board meetings
and has been granted Special Consultative status of the UN ECOSOC. The Alliance works in Burma, Cambodia and Indonesia through partner organisations.
Nothing about us without us - Greater, meaningful involvement of people who use illegal drugs: A public health, ethical, and human rights Global/ General HR Alliance, 2008
imperative is a report supporting the greater involvement of people who use drugs and the evidence-base that supports this approach. It also describes Canadian
(Ref. To
how people who use drugs are routinely excluded by organisations and institutions, including civil society organisations, and urges a more inclusive HIV/AID
Indonesia)
way forward. S Legal
Network,
OSI &
INPUD
Coordination of a side event on injecting drug use and sex work at the 2008 UNGASS High Level Meeting on HIV/AIDS in New York, aiming Global/ General HR - 2008
to ensure the voices and issues of these communities were heard at global level.
Participation of two members of staff on the Communities’ Delegation to the Global Fund, providing opportunity to champion the voice of Global/ General - - 2008/09
communities in Global Fund decision-making structures, and an opportunity to influence Global Fund policy and advocate for new strategies, such as
SOGI (Strategy on Sexual Orientation and Gender Identity).
Burma -. The Alliance provides funding and technical support to 28 implementing partners, targeting key populations affected by HIV including Burma MSM Alliance Current
people living with HIV, sex workers and men who have sex with men. Although not the primary focus, the Alliance is involved in policy and
HR
advocacy work supporting greater involvement of people living with HIV through the establishment of the Burma Positive Group (currently hosted at
(expanding
the Alliance offices in Rangoon), support to civil society networking, and participation in the national Technical and Strategic Group on HIV/AIDS
2010)
and relevant Technical Working Groups. The Alliance in Burma is supporting the Burma Positive Group through a project on treatment advocacy.
Cambodia - The Alliance’s member organisation is now the largest local NGO implementing HIV programmes in Cambodia, supporting 66 partners Cambodia MSM Alliance Current
to implement prevention, treatment, care and support programmes and participating in national policy development. Recently, KHANA has become

host of the (AusAID funded) Alliance Regional Technical Support Hub, marking its transition from national to regional provider of technical support HR
for civil society organisations (see below).
Indonesia – The linking organisation Rumah Cemara prioritises a human rights approach. Rumah Cemara operates across West Java , providing a Indonesia HR Alliance Curre
range of HIV services through promotion of harm reduction , a rehabilitation centre, and peer support groups of people living with HIV who have a nt
history of drug use; it supports more than 40 CBOs working with HIV-positive drug users. Staff participate in national level policy committees
Technical Support Hub serves Alliance Linking Organisations as well as other NGOs/CBOs, for TA using a South-South model. The hubs consist Regional MSM & AusAID 2009/
of small teams of Alliance technical providers and other regional experts who offer technical support to linking organisations and other NGOs to HR 2010
Inc. Burma
strengthen their leadership and capacity, and to governments and other institutions to enable them to work effectively with civil society. inclusive
Cambodia
Indonesia Lao
A 20-month project to develop the South East Asia and Pacific (Technical Support Hub (SEAP HUB), hosted by KHANA in Cambodia, is
supported by AusAID through a grant to the Alliance secretariat. Priority is given to key partners, such as APN+, and AusAID priority countries
(Indonesia and Papua New Guinea) with support also targeted to civil society groups that are recipients of Global Fund grants, to more effectively
mobilise resources for community-based HIV work. A central focus for is work with IDUs, MSM, sex workers and PLHIV.
In 2009, the SEAP hub provided technical support totalling 404 person days of work. The hub has been able to draw from a large pool of skilled
consultants based in the region with assignments carried out in Cambodia, China, Indonesia, Laos, Burma and Thailand. Technical support areas have
included financial systems strengthening, gender strategy development, M&E, programme quality assurance and capacity building.
A significant SEAP project undertaken in 2009 is the situational assessment of policy and national responses around HIV infection among MSM
in Asia commissioned by the WHO Southeast Asia Regional Office). The 60 day exercise spans all countries in the WHO SEARO region –
particularly India, Indonesia, Burma, Bangladesh, Nepal, Sri Lanka, Timor Leste, and Thailand. The review aims to systematically draw together
published and unpublished surveillance, research and program data on MSM , and develop specific recommendations for a scaled up response. The
Hub selected a leading community researcher on MSM issues in the region and a country-based Hub consultant, as the lead TS provider which
assisted in addressing much expectation. The Hub has a community review process for each country chapter. The final report (for governments,
donors and policy makers), is intended as a strategic reference to inform policy responses.
SEAP hub assignments for 2010 include working in close collaboration with APN+ to identify opportunities which complement ongoing AusAID
(and other donor) funding to APN+ (e.g. the AusAID-supported Positive Capacity Development Initiative).; support to positive MSM initiatives
across the region by building on existing work being done by the APN+ MSM Working Group to address issues for HIV positive MSM (i.e. care and
support needs), and strengthening their capacity to play a key role in the HIV response, including prevention. Work in India, Indonesia, Malaysia,
Burma and Papua New Guinea in 2007 systematically documented and analysed the impact of HIV on MSM living with HIV.

The MSM Service Access/Policy Dialogue project aims to identify and document enabling factors that have supported increased access of MSM in - MSM UNAIDS, Current
low and middle income countries to HIV prevention, treatment, care and support services. The project seeks to increase understanding of the political, UNDP
social and other factors which may have enabled the implementation of HIV responses addressing the needs of MSM. The project adopts a
collaborative multi-party approach at country level with the intent of fostering partnerships, increasing awareness and shared understandings of the
UNAIDS Policy Brief on MSM and building capacity to meet the HIV related needs of MSM.
7. Asian Network of People who Use Drugs (ANPUD)
Formed in 2009, ANPUD is the first regional network of people who use drugs. ANPUD was established to advocate for the rights and unify the voices of
their communities across Asia. ANPUD’s philosophy is guided by the principle of Meaningful Involvement of People who Use Drugs. ANPUD aims to be a
representative regional network. ANPUD currently has members in Burma, Cambodia, India, Nepal, Bangladesh, China, Thailand, Afghanistan, Malaysia,
Australia and Indonesia. Drug users met in 2009 to finalize the structure of ANPUD, which has over 150 members. ANPUD aims to facilitate a network of
people who use drugs to work together to engage organisations and policymakers involved in the Asian response to HIV, Hepatitis C and drug use. ANPUD
intends to build local and regional drug user networks; contribute expertise, resources and peer support to strengthen national responses; and improve policies
and services affecting the lives of drug using communities. ANPUD will also focus its advocacy efforts on improving the quality of lives of people who use
drugs; harmonization of policies; decriminalization; access to evidence-based, locally-driven harm reduction services; HIV prevention and treatment services;
and increased access to TB and hepatitis C diagnosis and treatment. ANPUD has representation on a number of boards and committees including 7Sisters and
the United Nations Regional Task Force on IDU and HIV. ANPUD receives support from the Australian Injecting and Illicit Drug Users’ League (AIVL)
through the HIV Consortium. Funders are AusAID (through Consortium funding to AIVL, which is funding the Regional Coordinator position until June
2011), UNRTF, WHO Western Pacific Regional Office, UNAIDS and World AIDS Campaign (WAC).
Project Includes Focus Countries MSM or HR Funding/ Partners Year

Focus
Development of ANPUD management structure, including mentoring of Interim Steering Committee members by Regional HR AusAID/ AIVL 2009/10
Regional Support Team. WHO WPRO
Inc. Burma Cambodia
UNAIDS
Indonesia
RBB
Official launch of ANPUD to coincide with the Response Beyond Borders (RBB) consultation in Bangkok in January Regional HR - 2010
2010.

Active engagement during 2nd RBB Consultation with sessions on ANPUD’s progress and future action plan/next steps Regional HR RBB, UNAIDS RST, 2010
AIVL, UNRTF,WHO
Inc. Burma Cambodia WPRO
Indonesia
Formalisation of the ANPUD structure at a meeting attended by more than 25 drug users from nine Asian countries in Regional HR WHO WPRO UNRTF & 2009
October 2009.
AIVL
Inc. Burma Cambodia
Indonesia
Launch of website (www.anpud.org) Regional HR - 2010
Hosting Asia level training of civil society and people who use drugs on TB HIV Co infection Regional HR UNAIDS Stop TB Dept, 2009
Geneva
Inc. Burma Cambodia
Indonesia
Strategic planning 2010 - 2012 workshop. Regional HR UNAIDS RST, UNAIDS 2010
TSF, AIVL, UNRTF,
Inc. Burma Cambodia WHO WPRO
Indonesia
Selection of Steering Committee (2010-2012) Regional HR UNAIDS RST, TSF, 2010

AIVL, UNRTF,WHO
Appointment of a Regional Coordinator. Regional HR AIVL 2010

UNAIDS RST
Implementation of Strategic plan 2010 to 2012. Regional HR AIVL 2010

UNAIDS RST
WHO WPRO
Launching of Access to HCV Treatment campaign Regional HR WAC 2010

B. Other regional organisations and initiatives
8. Purple Sky Network (PSN)
PSN is a network of more than 80 agencies and groups advancing HIV prevention and treatment among MSM in the six GMS countries. PSN (formed in
2006) serves as a platform and focal point for collaboration, strengthening the capacity to develop and advocate for MSM HIV programs and policies. PSN
provides assistance to MSM country working groups and supports regional and country-level advocacy, in national HIV/AIDS strategies. PSN has focussed
on developing structures and processes to build a strong, sustainable network. A delegate of PSN is on the board of APCOM. In 2010, PSN strengthens the
role of the country working groups as the key coordinating mechanism for MSM/HIV intervention activities and support the development of regional and
country-level MSM/HIV advocacy agendas and activities.
PSN has been primarily supported by USAID, channelled through FHI/ARP and amfAR/TREAT Asia, with core funds reducing in 2010. Additional financial
and technical support has been provided by USCDC/Global AIDS Program, amfAR MSM Initiative, Pact Thailand, International HIV/AIDS Alliance,
UNDP, APN+, APCOM and the Levi Strauss Foundation. PSN is facilitated by a regional coordination secretariat, hosted by TREAT Asia. PSN’s current
work is based on a two-year ‘vision plan’ (2008-2010) and six GMS country plans. PSN’s Regional Technical Board includes representatives of USAID,
USCDC, UNESCO, UNAIDS, International HIV/AIDS Alliance, PSI, Pact Thailand, RTI/HPI, FHI, TREAT Asia and APN+. Each country/provincial
technical working group consists of key governmental, international NGOs, and CBOs.

Development of an MSM/HIV database (known as the PSN Regional Information System on MSM - PRISM). PRISM is intended to contribute Mekong MSM HPI (& 2009
to analyses of country/province-level resources and capacity-building needs, and to support the evaluation of PSN’s regional and country-level technical
Inc. Burma
2008-2010 Two-Year Vision plans. PRISM database regional training was delivered and a user manual produced (available online). assistance
Cambodia Lao
from FHI)
PSN has organised or participated in numerous meetings to strengthen networks and improve the HIV response to MSM since 2006. 2009 Mekong MSM - 2009
meetings included:
Burma
• the first regional South-to-South Exchange on MSM/HIV issues between high-level policy makers from Thailand, China and Vietnam Cambodia Lao
• face-to-face meeting with Regional Technical Board (RTB) members and country focal points
• the fourth PSN Annual Network Meeting including a one-day strategic planning session in Bangkok.

Launch of advocacy small awards program to encourage country working groups to develop country-level advocacy projects integrating the use of Mekong MSM USAID/FHI, 2009/10
PRISM, other research findings, action-based advocacy trainings and activities. Potential advocacy activities include high-level policy and donor amfAR/ MSM
Inc. Burma
meetings, and meetings with representatives from local medical establishments to advocate for MSM/HIV service needs. Advocacy trainings and & LSF
Cambodia Lao
activities commenced in 2010.
This project is envisaged as a strategy to leverage greater buy-in of country working groups to the PRISM initiative.
Communication Strategy: the PSN newsletter has been developed to support regional and country-level advocacy. The first issues of the PSN Mekong MSM USAID, 2009/10
Newsletter were produced in 2009 and translated into Thai and Chinese. Writing training and three-day regional writing workshops have recently UNESCO
Inc. Burma
been held to develop advocacy skills and promote writing as a tool for advocacy. The PSN website will include use of all six PSN working
Cambodia Lao UNAIDS
languages, Burmese, Chinese, Khmer, Laotian, Thai and Vietnamese. PSN ‘community journalists’ team will be trained .
9. Family Health International (FHI) Asia Pacific Regional Office
FHI is a US based not-for-profit organisation which manages some of the largest HIV programs in the world. FHI has activities on HIV and MSM in
Bangladesh, Cambodia, China, India, Indonesia, Lao PDR, Nepal, Pakistan, Thailand and Vietnam. Interventions include peer outreach; hotline services,
targeted multimedia campaigns, and drop-in centres; community mobilization; and referrals to and support for services such as sexual health services,
voluntary counselling and testing, and care, support, and treatment tailored to MSM. Most work to date is programme-oriented but with the mandate to
support creation of positive environments to enable and sustain behaviour change, so there is potential for MSM advocacy and policy development at local
and regional levels. FHI Asia Pacific Regional Office (APRO) provides technical advice to the APCOM and PSN Boards. Key funders are US Government
agencies (principally USAID, the NIH, and the Centers for Disease Control and Prevention), the Bill and Melinda Gates Foundation, AusAID (in PNG), and
DFID.

Regional
FHI has prepared numerous papers on HIV and MSM including a paper on MSM and Drug Use in the Asia Pacific Region presented at the 9th (specifics on MSM - 2009
ICAAP Lao PDR &
HR
Indonesia)
Mekong PSN, RTI
Development of an MSM/HIV database (known as the PSN Regional Information System on MSM - PRISM). PRISM is intended to contribute MSM (FHI – tech 2009
to analyses of country/province-level resources and capacity-building needs, and to support the evaluation of PSN’s regional and country-level
Inc. Burma
assist)
Cambodia

2008-2010 Two-Year Vision plans. PRISM database regional training was delivered and a user manual produced. Lao PDR
First Asia Regional Consultation on MSM HIV and AIDS Care and Support, 2009 - Attended by over 90 people from 12 countries comprising Regional MSM UNDP,
representatives from CBOs, government, technical advisors, and funding agencies. USAID
Peer and Outreach Education for Improving the Sexual Health of Men who have Sex with Men: A Reference Manual for Peer & Outreach Global/ General MSM UNESCO, 2009
Workers was designed to assist peer educators and outreach workers working with men who have sex with men sustain and update their knowledge USAID, PSI
about HIV/STI and sexual health issues as a means to increase the scope and accuracy of information that peer and outreach workers provide to Asia, HIV
their target audience. Alliance,
PSN
A Dialogue with Men who have Sex with Men: Their Perspectives on Behaviour Change for HIV Prevention identified key barriers to HIV - MSM USAID 2007
prevention among a group of FHI’s Vietnamese MSM clients, and made recommendations to improve interventions.
(Vietnam only)
Summary Report of Key Findings and Program Recommendations from FHI MSM Program Evaluations (Bangladesh, Indonesia, and Nepal), Indonesia MSM USAID 2007
which found that despite FHI programmes’ positive effect on communities’ knowledge, sexual risk behaviour, and access to commodities/services,
the quality and coverage of interventions were inconsistent . Although focussed on programmes, the report recommended disentangling
‘networking’ and ‘advocacy’, including distinct strategies, and working on policy/programme implementation at local level.
Development of paper for publication based on paper on MSM and Drug Use in the Asia Pacific Region presented at the 9th ICAAP Satellite Regional MSM - 2009
Meeting on MSM Cross-Cutting Issues.
Inc. Lao PDR, HR
Indonesia
10. The Asia Pacific Coalition on Male Sexual Health (APCOM)
APCOM was launched in July 2007 as a direct outcome of the 2006 International Consultation on Male Sexual Health and HIV in Asia and the Pacific
(supported by AusAID and partners). It is a coalition of governments, UN partners, donors, technical experts, NGOs and CBOs, networks and groups working
with MSM. In addition to national and individual organisations, members include regional and sub-regional networks. APCOM is a founding supporter of the
Global Forum on MSM and HIV (an advocacy voice to UN and other global efforts), and is represented on the Global Forum by delegates from China and
India as well as the APCOM Chairperson. APCOM aims to increase investment in MSM programs and strengthen the evidence-base for advocacy, policy
development, programming and reducing societal, legal and institutional obstacles. Objectives include: conducting targeted advocacy for an improved HIV
policy framework and increased rights for MSM; convening and strengthening networks of communities of MSM, governments, researchers and donors to
improve sexual health in Asia and the Pacific; distributing strategic information to support program design, advocacy and monitoring of program deliverables;

facilitating technical assistance to networks, governments and civil society working to improve sexual health and reduce the burden of HIV among MSM; and
support transgender groups and organisations including the development of transgender networks and coalitions. APCOM has placed priority on developing
policy briefs, research and advocacy.
APCOM receives short term project funding from UNDP and others. It has partial core funding from its strategic partner and founding donor HIVOS
(Netherlands).
APCOM is directed by a Governing Board comprising a community representative from eight Asia Pacific sub-regions, and two region-wide PLHIV
community constituencies - MSM and transgender. APCOM’s eight sub-regions are Australasia, China, Developed Asia, Mekong, India, South Asia (not
including India)., Insular Southeast Asia and Pacific. The Governing Board includes representatives from the government sector, donor/development
agencies, international NGOs, technical experts and advisors, and the UN system (for 2009, UNDP, UNESCO, UNAIDS and WHO). APCOM is establishing
a Secretariat office in Bangkok.

Supported and facilitated the first-ever regional meeting of 30 transgender people and resource persons from 10 Asia countries, which led to Regional MSM (TG Hivos, 2009
the formation of the Asia Pacific Transgender Network (APTN). specific) APNSW, 7-
Sisters
HR
Under the leadership of the MSM NGO Naz Foundation International (NFI), Sri Lanka’s first-ever national meeting of MSM and transgender - MSM NFI, UNDP 2009
people brought together 75 community representatives for a national planning meeting and to form a national network.
(Sri Lanka only) HR
Piloted an interactive three-day workshop, 'South Asian Media Training and Advocacy Workshop on MSM, Sexual Diversity and Human - MSM NFI, UNDP 2009
Rights' for information sharing, development of ideas and technical issues with media representatives (print, radio, TV and internet) from all South
(South Asia HR
Asia countries,
only)
On-going advocacy to keep MSM and HIV issues in the forefront of regional planning bodies; includes APCOM representation at AusAID- Regional MSM HPI-USAID 2009
supported APCASO Strategic Planning Workshop, 7-Sisters Annual General Meeting and CSAT/7-Sisters and Global Fund Community Briefing
HR
for Round 10.

The Developing a Comprehensive Package of Services to Reduce HIV among Men who have Sex with Men (MSM) and Transgender (TG) Regional MSM UNDP, 2009
Populations in Asia and the Pacific Regional Consensus Meeting Report summarises key issues and meeting proceedings, and includes the ASEAN,
meeting’s Final Consensus Statement and recommendations. The meeting was co-convened, and report co-published, by APCOM and partners. WHO,
USAID,
UNESCO,
UNAIDS
The Policy Brief ‘Investing in HIV Prevention Programming for Men Who Have Sex With Men: Averting a Perfect Storm’ addresses the Regional MSM Joint 2009
convergence of high and increasing HIV prevalence in the region, low coverage with HIV prevention services, and inadequate funding for HIV APCOM/
prevention for men who have sex with men. Resource needs for MSM HIV prevention services in the Greater Mekong countries and provinces was HPI
calculated using the recently developed Resource Estimation Tool for Advocacy. The Brief identifies four priorities for advocacy. (USAID)
project
Activities at the 9th ICAAP Conference: Regional MSM AFAO, 2009

ASAP, FHI-
• ‘From 200 to Ø: Responding effectively to HIV among MSM in Asia Pacific’ - consultation (official pre-conference activity), focussing on the HR APRO,
Hivos, NFI,
unique challenges posed by HIV infection among MSM and TG in the region (APCOM, AFAO, Hivos, NFI, OSI, Pact/USAID, PSI, UNAIDS,
OSI, PACT/
UNDP, UNESCO, WHO, World Bank, Burnet, ICAAP-LOC)).
USAID,
PSI,
• ‘MSM and HIV in Asia and the Pacific: Cross-cutting issues’ satellite meeting (APCOM with FHI-APRO, WHO-WPRO)
UNAIDS,
UNDP,
• ‘Gender variance and male-male sexualities across the global south’ satellite meeting of experts to develop global links to strengthen advocacy UNESCO,
and education (APCOM with Hivos, NFI, ASAP) WHO-
WPRO,
• ‘Overcoming legal barriers to comprehensive prevention among MSM and TG in Asia Pacific’ symposium to contribute to the proposed UNDP World
regional study analysing laws and practices impacting MSM and MSM/HIV services. A report of the meeting has been published. Bank, 7-
Sisters,
• first region-wide meeting of TG and supports involved in HIV programming, First meeting in Asia Pacific of MSM and TG who are Muslim Burnet,
ICAAP
Asia Global Fund Round 9 proposal development for South Asia (proposal successful). APCOM facilitated unifying three distinct and - MSM Hivos, 2009
competitive national MSM networks (INFOSEM - India Network For Sexual Minorities, MSM Advocacy Network and INFI India) through UNDP, OSI,
convening of meetings and through intervention of APCOM Board members involved with various networks. (South Asia HR
PSI
only)
Assistance for drafting of abstracts, posters and skills-building sessions on MSM and HIV for 9th ICAAP Conference. Regional MSM Unfunded - 2009
Governing
Board

volunteers
Scaling up HIV programming for men who have sex with men - the experience in Asia and the Pacific: A report to the Global Forum on MSM Regional MSM AFAO, 2008
& HIV, documents effective advocacy strategies that have improved MSM programming in the Asia Pacific region. Ideally this information will be AusAID
useful for building momentum for MSM programming in other regions.
Report and briefing for regional donors and development agencies on MSM, TG and HIV key points in the Commission on AIDS in Asia Burma MSM APCOM, -
Report, which included a briefing on APCOM current and immediate future strategies for advocacy. (APCOM with FHI-APRO) Cambodia FHI-APRO,
Indonesia Lao UNAIDS
New Tools to Improve Resource Allocation to MSM HIV Prevention Programs - The project is developing an advocacy report reviewing HIV Inc. Burma MSM HPI current
expenditure, resource needs, and resource availability on prevention programming for MSM in the Asia region. The study focuses on Burma, Cambodia Lao (USAID),
Cambodia, China (Yunnan and Guangxi provinces), Lao PDR, Thailand, and Vietnam. A tool is being developed allowing users to localize the data UNDP
inputs and generate graphs showing resource needs over time and by subgroup and resource gaps.
Legal review across Asia and the Pacific - impediments to effective MSM and HIV programming Burma MSM UNDP Early
Cambodia 2010
Indonesia Lao
Participation and support to develop the start-up of the Southeast Asia MSM/TG network development, named Insular Southeast Asia (ISEAN), Indonesia MSM MSH-AIDS current
including the establishment of a virtual secretariat and communications hub at Fridae.com offices in Manila, assessment of capacity needs and
STAR2/US
ability of national networks to participate in ISEAN, and direct assistance to East Timor to identify and start a national MSM programme.
AID,
UNESCO,
UNDP
Participation and support to develop the start up of Developed Asia Network (DAN) of MSM/TG, including the establishment of a virtual - MSM Hivos current
secretariat and communications hub at Fridae.com offices in Singapore, mapping and assessment of MSM/TG community groups and services.
Participation and support to SE Asia and Indonesia network development under a cooperative grant from UNESCO and UNDP, including funding Regional MSM - current
support for the Insular South East Asia networking meeting August 2009, as well as technical support.
Policy Paper on MSM and size estimations – under development Regional MSM - current

Policy Paper on MSM Youth – under development Regional MSM - current
Presentation on the Asia Pacific experiences during the MSM-GF pre-XVIII AIDS Conference in Vienna in July 2010. Funding not secured. All focus MSM (Proposed) planned
countries
11. Foundation for AIDS Research (amfAR)
amfAR is a US based, international not for profit agency dedicated to the support of research, prevention, treatment, education, and advocacy for public
policy. amfAR has funded the TREAT Asia program (which AusAID has contributed to for treatment research) and the global MSM Initiative. amfAR's
international work aims to assist health care workers and AIDS organisations in developing countries to maximize local resources and implement effective
research, treatment, prevention, and education strategies. amfAR promotes treatment access for people who use drugs and other vulnerable populations.
amfAR campaigned for the repeal of the ban on US funding for syringe exchange programs. In 2007, amfAR launched the MSM Initiative, which aims to
support and empower grassroots MSM organisations, build understanding and awareness of HIV epidemics among MSM and others, and advocate for
increased funding and effective policies. The MSM initiative includes a Community Awards Program and an Advocacy Program. amfAR’s TREAT Asia
program representative sits on the Board of the Purple Sky Network. Funders include US Government, the Government of the Netherlands, events and direct
mail fundraising, and corporate, foundation and individual donations. amfAR has an Asia Pacific office in Bangkok.

MSM and HIV/AIDS Risk in Asia: What Is Fuelling the Epidemic Among MSM and How Can It Be Stopped? was based on several related Regional MSM - 2006
studies, epidemiological data, and interviews with researchers, counsellors and government officials in 23 countries in the Asia-Pacific region. The Inc. Burma
report presents key information about the cultures, behaviour, and marginalization of MSM, and advocates for scaled up MSM services. Cambodia
Indonesia Lao
MSM, HIV, and the Road to Universal Access–How Far Have We Come? presents research on HIV trends among MSM and access to prevention, Global/ General MSM - 2008
care, treatment, and support programs in 128 countries.
Co-sponsor of the ‘Invisible Men’ pre-conference meeting on MSM and HIV at the International AIDS Conference. Global/ General MSM MSMGF 2008

Host of the Global Consultation on MSM and HIV Research in Washington, D.C. The two-day meeting brought together more than 40 of the Global/ General MSM - 2008
world’s leading researchers on HIV/AIDS among MSM to examine current information on the topic, identify gaps in the knowledge base, and
develop a road map for future research. Participants agreed to greater collaboration and interdisciplinary communication, with a commitment by
amfAR to host additional research meetings in the future.
amfAR led a seminar for the Norwegian Agency for Development Cooperation in Norway, briefing stakeholders, researchers, and government Global/ General MSM Norad 2008
leaders on the HIV-related needs of MSM and shared policy recommendations.
Ensuring Universal Access to Comprehensive HIV Services for MSM in Asia and the Pacific: Determining Operations Research Priorities to Regional MSM - 2009
Improve HIV Prevention, Treatment, Care, and Support Among Men Who Have Sex With Men. This report summarizes an (early 2009)
assessment to identify priorities for operations research to better understand effective models for HIV prevention, treatment, care, and support among
men who have sex with men (MSM) in Asia and the Pacific.
MSM Initiative – Community Awards Program: Asia-Pacific (component of global program) Regional MSM Aids 2008
The MSM Initiative provides small, targeted awards to grassroots groups in resource-limited countries to provide prevention, treatment, care, and Inc. Burma Fonds,
support services to MSM. Community awards are used to foster increased collaboration among organisations by supporting efforts to share Indonesia Elton
information, address new challenges, and work collectively to design and deliver innovative and more effective HIV/AIDS services for MSM. John
AIDS
In 2008-2009, MSM Initiative Community Awards Funding was allocated to:
Foundatio
Name Withheld (Burma) $21,000 Funding awarded to the Tides Center to support their work with a program serving MSM throughout n,
Burma with peer-based health education and services. Elizabeth
Name Withheld (Burma) $21,000. Funding awarded to the Tides Center to support their work with a project that provides critical Taylor
prevention and healthcare services to MSM and people living with HIV/AIDS in and near Yangon. AIDS
Foundatio
Perkumpulan Keluarga Berencana Indonesia (PKBI) (Kupang, NTT, Indonesia) $15,000. HIV Prevention and Sexual Health Services
Among MSM in West Timor. n, GSK
PAC, the
Yayasan Gaya Celebes (Gaya Celebes Foundation) (Makassar/South Sulawasi, Indonesia) $15,000. HIV/AIDS Prevention and Support M•A•C
Among Sexually Active MSM in Makassar, South Sulawesi Province, Indonesia
AIDS
Fund, &
OSI/
MSMGF
The MSM Initiative Advocacy Program supports global advocacy for funding from international agencies, national and local governments, and NGOs Global MSM LSF Since
for HIV prevention, treatment, and support services for MSM. The advocacy program advances policy efforts aimed at ending the stigma, Incl Mekong (Southeast 2009
discrimination, and violence that threaten the lives of MSM and fuels the spread of HIV. focus Asia
advocacy
The Initiative is training and supporting grassroots policy advocates in the GMS countries. program)

amfAR’s TREAT Asia program has been working with MSM organisations in the region since 2005 and currently serves as the regional secretariat Regional MSM USAID, Current
for the Purple Sky Network (a collaboration of grassroots organisations and in-country government representatives working on HIV interventions US CDC
for MSM in the Greater Mekong Sub-region). The Regional Secretariat is charged with strengthening the network of more than 80 government and Global
non government organisations in the region working on HIV with MSM, to facilitate improved communication, strategic planning, monitoring and AIDS
surveillance (see Purple Sky Network overview). Program,
FHI
12. Health Policy Initiative, Greater Mekong Region and China (HPI/GMR-C) implemented by RTI International
USAID’s Health Policy Initiative (HPI) provides field-level programming in HIV and health policy and advocacy. Technical assistance is intended to
improve the HIV enabling environment. In 2009-2010, HPI/GMR-C has a focus on increasing political support for an increased and sustainable response to
MSM and HIV in the region. The project works directly with regional networks including Purple Sky Network, APCOM and APN+, and partners with UNDP
on key activities. USAID HPI also has a country presence in Indonesia, which was implementing an HIV country project implemented by Constella Futures
that completed in 2009.
HPI/GMR-C aims to improve the enabling environment for HIV prevention, care, and treatment in the Asia Pacific region, by ensuring national and local
HIV policies, plans, and programs, based on international best practice, are adopted and implemented, public sector and civil society champions and networks
are developed and strengthened to lead the policy process, and timely and accurate data are used for evidence-based decision making.
HPI is an Indefinite Quantity Contract awarded for the exclusive use of USAID. RTI holds a ‘task order’ under the contract, Strengthening HIV/AIDS Policy
and Advocacy in the Greater Mekong Region and China, with a focus on MSM and PLHIV.
Project Includes Focus Funding/ Year

Focus MSM Partners
Countries or HR
HIV Expenditure on MSM Programming in the Asia Pacific Region: Background paper produced for International Consultation on Male Sexual Regional
Incl. Burma, MSM FHI 2006
Health and HIV in Asia and the Pacific compiles information on expenditure for HIV prevention programs for MSM compared to overall HIV
Cambodia,
prevention expenditure, sources of funding and economic implications, estimates resource requirements for MSM programming and the resource gap. Lao PDR
The Value of Investing in MSM Programs in the Asia-Pacific Region: Policy Brief was developed as a short synthesis of the background paper.
Mapping donor support for HIV programming for MSM men in the GMS is an investigation into the breadth of sexual health programming t with GMS
Incl. Burma, MSM FHI 2008
a view to building the policy and advocacy platform for organisations working with MSM in GMS
Cambodia,

Lao PDR
GMS
Development of an MSM/HIV database (PSN Regional Information System on MSM ) intended to contribute to analyses of country/province-level Incl. Burma, MSM PSN, HPI 2009
resources and capacity-building needs, and to support the evaluation of PSN’s regional and country-level 2008-2010 Two-Year Vision plans. Cambodia, (& TA from
Regional training was delivered and a user manual produced (available online). Lao PDR FHI)
The Policy Brief ‘Investing in HIV Prevention Programming for Men Who Have Sex With Men: Averting a Perfect Storm’ addresses the Regional
convergence of high and increasing HIV prevalence in the region, low coverage with HIV prevention services, and inadequate funding for HIV MSM APCOM/ 2009
prevention for men who have sex with men. Resource needs for MSM HIV prevention services in the Greater Mekong countries and provinces was HPI
calculated using the recently developed Resource Estimation Tool for Advocacy (RETA). The Brief identifies four priorities for advocacy.
Strengthening MSM as Policy Champions - HPI (in partnership with the Lao Centre for HIV/AIDS and STIs [CHAS] and the Burnet Institute) is Lao PDR
lobbying the Lao Ministry of Information and Culture (MOIC) to allow free advertising in mass media for information on HIV and MSM. An MSM MSM FHI, Burnet, Since
sensitization workshop with CHAS and Ministry staff and training for journalists on MSM issues have been held. CHAS 2008
New Tools to Improve Resource Allocation to MSM HIV Prevention Programs - The project (with APCOM and UNDP) is developing an GMS
advocacy report reviewing the current level of HIV expenditure, resource needs, and resource availability on HIV prevention programming for MSM Incl. Burma, MSM APCOM, current
in Asia. The study focuses on Burma, Cambodia, China, Lao PDR, Thailand, and Vietnam. A tool is being developed allowing users to localize the Cambodia, UNDP
data inputs and generate graphs showing resource needs over time and by subgroup and resource gaps. Lao PDR
13. UNDP Regional Centre Bangkok
UNDP Regional Centre employs an MSM Technical Adviser who implements a regional workplan, working in close liaison with the Gender, Human Rights
and Sexual Diversities Cluster of UNDP Headquarters in New York. Under UNAIDS division of labour, UNDP is responsible for the areas of the HIV
response related to law, gender, and human rights, and MSM and transgender people. Technical assistance on national MSM and transgender policy
development is provided at country level (with a recent focus on Philippines) as well as at regional level. Priorities of the Regional Centre are to provide
UNDP Country Offices with access to knowledge through technical advisory services, to build partnerships and promote regional capacity building
initiatives.
Asia Pacific Community Consultation on World Bank report on the Global HIV Epidemics among MSM: epidemiology, prevention, access to Regional MSM World 2010
care and human rights Bank,
Johns
Hopkins
University

ICAAP Satellite on MSM Legal Issues - Overcoming legal barriers to comprehensive prevention among MSM and TG in Asia Pacific. A report of Regional MSM - 2009/10
the meeting has been published.
Regional Consensus Meeting on Developing a Comprehensive Package of Services to Reduce HIV among Men who have sex with Men Regional MSM ASEAN, 2009
(MSM) and Transgender (TG) Populations in Asia Pacific: ASEAN UNDP USAID MSM Consultation - National government decision-makers, USAID,
multi- and bilateral donors, international NGOs and community advocates review, identify priorities and endorse the components of a comprehensive UNESCO
package of services. UNAIDS,
APCOM
Workshop on Advocacy and Resource Allocation for Comprehensive MSM and HIV Responses Regional MSM - 2009
Regional review of legal issues relating to HIV, MSM and transgender people: Asia and Pacific Consultations and Report APCOM
Regional MSM 2010
Asia Roundtable and launch of regional review of legal issues relating to HIV, MSM and transgender people
Regional MSM - 2010
Regional consultation on HIV and Human Rights in Asia Pacific Regional MSM, HR - 2010
Tools to Improve Resource Allocation to MSM HIV Prevention Programs - Developing a report reviewing HIV expenditure, resource needs, and APCOM,
resource availability on prevention programming for MSM in the Asia region. The study focuses on Burma, Cambodia, China (Yunnan and Guangxi Inc. Burma MSM HPI current
provinces), Lao PDR, Thailand, and Vietnam. A tool is being developed allowing users to generate graphs showing resource needs and gaps over time Cambodia Lao (USAID)

C. Other agencies identified during the Scoping Exercise
14. AIDS Society Asia and the Pacific (ASAP)

ASAP is an independent non-governmental body of national research and advocacy organisations.
ASAP membership includes peak HIV/AIDS bodies, national AIDS organisations, research
institutions and regional NGOs throughout the region. ASAP’s focus is the biennial International
Congress on AIDS in Asia and the Pacific (ICAAP). AusAID has provided support to ASAP’s role in
the ICAAP meeting through UNAIDS RST. ASAP’s aims are to: promote opportunities for
discussion of HIV issues and exchange of information and technologies; influence HIV policy
development in the Asia Pacific regions and awareness of the gravity of the regional epidemic
internationally; work with different regional sectors and stakeholders towards collective advocacy
efforts. ASAP achieves its aims by ensuring the continuation of the ICAAP regional conferences,
developing a non-governmental voice on policy and advocacy, building links between researchers and
others involved in the HIV response, linking national and regional HIV organisations and acting as a
bridge between HIV organisations based in specific communities and more general HIV
organisations.
15. Asian Consortium on Drug Use, HIV/AIDS and Poverty

The Response Beyond Borders First and Second Asian Consultations on the Prevention of HIV
Related to Drug Use (2008, 2010). The Consortium conducted 3 regional workshops (South East
Asia, South Asia and Central Asia) in 2009. RBB aims to influence the legal and policy environment
for drug use, by bringing together civil society, parliamentarians, politicians, government officials,
donors, drug users and community organisations to dialogue and plan the way ahead. RBB hosted
satellite sessions at the ICAAP Bali on compulsory drug treatment centres and other topics of regional
interest. AusAID provided funding to the first Consultation and technical support to the parliamentary
track at the 2010 Consultation meeting. The Consortium’s activities are planned to be largely self-
funding from 2010 through registration fees. Some support is also provided by Open Society Institute
16. Asian Harm Reduction Network

AHRN is a project of a Thai NGO, the HIV/AIDS Harm Reduction Foundation. Until recently,
AHRN has been primarily funded by the Dutch Government, who withdrew funding. AusAID helped
establish AHRN in the 1990s and provided interim funding in 2008-2009 while the organisation
restructured. AHRN has undergone an organisational review and is splitting into two organisations.
AHRN-technical support (which bids competitively for contracts, and is proposed as a Global Fund
sub-recipient in Burma) and AHRN–network (which conducts advocacy). AHRN – the network will
be a small supporting organization for Asian NGO, CBO and government and academic partners that
are active in the field of harm reduction in the region. It has three core activities: national and regional
advocacy on behalf of its members, networking and information-sharing.
17. Asia Pacific Forum of Parliamentarians for Population and Development (APPPD)
AFPPD currently has twenty-two National Committees and has full-time office support in Cambodia,
Indonesia, Thailand and Viet Nam. AFPPD generally emphasises country level activities such as
review of legislation, monitoring programs and advocacy at constituency level. AFPPD conducts
regional and national seminars, conferences, and study visits as a means to help parliamentarians
increase their level of knowledge, obtain more information on population and development, and
enhance their involvement and motivation in the areas surrounding ICPD issues. At the 2009
International Harm Reduction Conference in Bangkok, , AFPPD, with support from UNAIDS,
organised a parliamentarians’ panel on “decriminalization of drug use.” AFPPD also organised
sessions at ICAAP and Response Beyond Borders, and has initiated a Parliamentarians Group on
Harm Reduction in Asia.
18. Burnet Institute Centre for International Health

The Centre for International Health works with communities, CSOs, governments, INGOs,
government organisations and UN agencies, in the Asia and Pacific regions and Africa. Areas of focus

include HIV prevention and IDU harm reduction. In addition to being a technical partner to GRM in
implementing HCPI in Indonesia and providing TA to the ASEAN workplan on HIV/AIDS, the
Centre has been involved in providing technical support to a number of regional HIV projects relevant
to HIV law and policy including:
i. USAID: HPI Consortium Greater Mekong Region-China Consortium
ii. AusAID: Asia Regional HIV Project
iii. USAID: FHI IMPACT Project on Capacity Building for HIV Prevention among Injecting
Drug Users in the Mekong Region
iv. DFID: Central Asia Regional HIV/AIDS Prevention Project
v. AusAID: Illicit Drugs Initiative
19. Insular Southeast Asia MSM Network (ISEAN)
ISEAN is a CBO network that was established at Bali ICAAP 2009. Representatives of organizations
working on HIV prevention, treatment, care, and support among MSM announced the formation of
the sub-regional network to coordinate and expand their efforts in Brunei, East Timor, Indonesia,
Malaysia, and the Philippines. The ICAAP meeting was hosted by the Indonesian MSM NGO Gaya
Nusantara with support from UNESCO, UNDP, USAID, and HIVOS. ISEAN has a virtual secretariat
and communications hub at Fridae.com offices in Manila, Direct assistance is being facilitated to East
Timor to identify and start a national MSM programme.
20. Asia Pacific Transgender Network (APTN)
APTN formed in 2009. 7S has funded the APTN (US$10,000) to develop the network as an
independent body. APTN aims to:
• identify strategies at a local/national level to address transgender organising needs;
• identify possible national priorities for inclusion in future grant requests;
• increase leadership skills among transgender participants.

Annex IV: Key questions
Asia regional initiatives
A. Questions relating to your agency’s role in the regional HIV response

1. What is the regional role of your agency in relation to HIV law and policy?
2. What work are you currently undertaking on MSM and/or injecting drug use (IDU) harm
reduction law and policy?
3. What work have you recently completed targeting MSM and/or IDU harm reduction law and
policy?
4. What are your future plans to work on MSM/harm reduction that relate to law and policy?
5. Who are your partners in this work?
6. What are your sources of funding?
a. Please specify funding in relation to specific strategies/projects
7. Does this work involve or influence all or any of the AusAID focus countries in Asia (Burma,
Cambodia, Indonesia, Lao PDR)? If so, how?
a. Please provide country breakdown by specific strategies/projects
8. What is your current relationship with AusAID and its programs?
9. How do you identify priorities for your work on MSM/harm reduction law and policy?
10. How do you assess effectiveness of work on advocacy relating to law and policy?
11. What approach do you take in influencing national priorities, given that you are working at
the regional level?
12. Please describe any recent successes in influencing MSM or harm reduction law and policy.
13. Please describe any particular challenges your agency faces in improving MSM/harm
reduction law and policy.
B. Questions relating to views on AusAID’s future role in the regional HIV response
1. What key gaps and priority needs are there in the regional response to MSM/IDU harm
reduction law and policy?
2. Which donors/implementing agencies do you think are best placed to fill these gaps?
a. What do you view as AusAID’s comparative advantage/s in relation to the HIV
regional law and policy response?
b. What opportunities exist for advocacy and programming at the regional level,
either through establishing new programs or contributing to existing initiatives,
relevant to the AusAID focus countries?
3. Which approaches / modalities should AusAID use in strengthening the legal and policy
response to MSM and harm reduction, working at the regional level?
a. Who should AusAID partner with to ensure an effective response?
b. What opportunities exist for promoting harmonisation and alignment through regional
mechanisms?
C. Additional questions for USAID and key USAID implementing agencies (FHI, HPI)
1. What are USAID’s strategic priorities for HIV law and policy in Mekong/ South East Asia
(including Indonesia)?
a. What adjustments to priorities are anticipated given recent changes to US
Government guidelines for HIV programming relevant to MSM and IDU/harm
reduction?
2. What approaches / modalities are USAID using/encouraging in addressing HIV law and
policy in the region?
3. Who do USAID view as their key partners in advocacy and programming relating to HIV law
and policy?

D. Additional questions for UNAIDS and AusAID

1. Under the AusAID UNAIDS Partnership Framework, key areas for collaboration 2010-2012
include joint advocacy on legal and policy barriers including joint meetings/events.
a. Have any plans been made for collaboration on law and policy relevant to MSM
and/or IDU harm reduction in the Mekong/ South East Asia?
b. How does UNAIDS/AusAID see this commitment being taken forward? (e.g. through
APLF or through separate initiatives, led by whom?)
2. Do you have views on the relative strengths and weaknesses of AusAID-funded organisations
working at the regional level and their strategic role in relation to MSM and IDU harm
reduction (APLF, International HIV Alliance, APN+, APCASO, 7 Sisters, and the HIV
Consortium) ?
3. What benefits or risks do you anticipate if AusAID extends funding beyond existing
commitments to these organisations?
4. What role could the Global Fund play in addressing MSM and IDU harm reduction law and
policy?
a. How could AusAID support Global Fund to play a more significant role in relation to
MSM and harm reduction law and policy?
Indonesia
A. General
(These questions will be asked in the context of adding to and confirming the accuracy of findings
from research already undertaken)
1. What are the key HIV legal and policy issues in Indonesia?
(i) Are there specific issues relating to criminalization, discrimination protections or
other issues specifically affecting key populations (sex workers in Papua,
injecting drug users, MSM)?
2. What are the priority needs and gaps relating to:
(i) empowerment of key populations to know their rights and access the legal system?
(ii) ensuring law enforcement supports HIV responses?
(iii) law and policy reform that supports HIV responses?
3. Is there a coordinated national response to identifying and addressing these priorities?
4. What barriers exist to programming in these areas (e.g. political or resource constraints)?
5. Which national and donor programs are addressing or proposing to address the legal and
policy environment for HIV?
(i) What are the sources of funds and technical support for these programs?
6. What role does Global Fund play/propose to play in HIV law and policy?
7. What role do UN agencies play/propose to play in HIV law and policy? Do they receive
AusAID support?
8. Are there any other donors interested or active in these fields?
9. Which NGOs play or propose to play a role on HIV law and policy?
10. What current funding modalities are being used to support the law and policy response to HIV
in Indonesia?
11. What future role should AusAID play in addressing the key gaps and priority needs regarding
law and policy?
(i) What do you view as AusAID’s comparative advantage and do you have specific
suggestions as to areas in which AusAID could add value to the law and policy
response?
(ii) What future modalities and partnerships should AusAID use in its approaches to
strengthening the legal and policy response to HIV in Indonesia?

B. Additional questions to USAID and implementing agencies (HCPI/GRM, FHI, AFAO, LBHM,
NAC)
1. What work are you currently funding/undertaking on HIV and MSM and/or IDU harm
reduction and/or sex work (in Papua) that relates to law and policy?
2. What work have you recently completed targeting MSM and/or IDU harm reduction and/or
sex work (in Papua) that relates to law and policy?
i. Please describe any lessons learned and successes influencing law and policy on
MSM. IDU harm reduction and/or sex work.
3. What are your future plans to work on MSM and/or IDU harm reduction and/or sex work (in
Papua) that relate to law and policy? How do you identify priorities for work on these issues?
4. What are your sources of funding?
5. What is your current relationship with AusAID and its programs?
6. How do you assess effectiveness of work relating to advocacy, law and policy?
7. What challenges does your agency face in improving law and policy relating to MSM, IDU
harm reduction, and/or sex work?
8. How do you coordinate with development partners (e.g. government, multilateral bodies, and
Global Fund mechanisms) in relation to law and policy work? How effectively do
coordination mechanisms work?
C. Additional questions of AusAID
1. Who are AusAID’s national counterparts in its HIV programs? What are their law and policy
priorities?
2. What comparative advantage does AusAID enjoy (over other donors and development
partners) in addressing the law and policy response to HIV in Indonesia?
3. How could AusAID have a stronger policy and advocacy voice in the national HIV response
e.g. leadership initiatives, as donor representative on committees etc?
4. What advisory and technical resources does AusAID have in relation to HIV law and policy?
5. In the context of the AusAID Indonesia Country Strategy and aid effectiveness commitments,
what factors determine the aid modalities for HIV law and policy activities programmed by
AusAID? What lessons have been learnt in implementation of programmes to inform future
choice of delivery mechanisms and partnerships?
6. How does coordination of HIV activities occur internally (between different AusAID sector
programs), with Government of Indonesia and with development partners?
7. What opportunities and mechanisms exist for increased AusAID engagement in HIV related
law and policy?
D. Additional questions for National AIDS Commission (KPA)
1. What legal and policy issues affecting key populations are the priorities under the new
National Strategy and Action Plan 2010-2014?
2. What are NAC’s human and financial resource needs in relation to addressing these
priorities?
3. The AusAID-funded HCPI program has been focusing on supporting Government of
Indonesia to address harm reduction, drug use and prisons. Do you have any suggestions on
how AusAID might broaden its support for Indonesia’s legal and policy response to injecting
drug use and prisons?
4. AusAID is also supporting development of a National MSM Plan. Do you have any
suggestions on how AusAID might broaden its support for Indonesia’s legal and policy
response to MSM?
5. What role could AusAID take in supporting Government of Indonesia in relation to law and
policy on sex work in Tanah Papua?
6. In relation to modalities for future AusAID support to KPA and other Government of
Indonesia counterparts, how should support be delivered? Do you have concerns or

suggestions regarding AusAID implementation through the Indonesia Partnership Fund,

HCPI/GRM or other contractors, support to civil society organisations/NGOs and/or
partnerships with UN agencies or IDLO?

Annex V: Terms of Reference
TERMS OF REFERENCE
Scoping Exercise: Recommendations for AusAID support to strengthen Legal and Policy Enabling
Environments with regard to HIV in Asia
1. Background
Australia’s International HIV Strategy

a. In April 2009 the Australian Government launched a new international development strategy for
HIV Intensifying the Response: Halting the spread. The strategy will guide Australia’s international
development assistance on the epidemic and replaces Meeting the Challenge launched in 2004.
b. The strategy aims to make a significant and sustained effort to achieve the MDG target of halting
and beginning to reverse the spread of HIV and AIDS by 2015, by assisting partner counties to
achieve universal access to HIV prevention, treatment, care and support.
c. Through the strategy’s six priorities, Australia will support partner countries to: intensify HIV
prevention, optimise the role of health services within HIV responses, strengthen coordination and
capacity to scale up HIV responses, review legal and, policy frameworks to enable effective responses
to HIV, build the evidence base for an effective HIV response, and demonstrate and foster leadership
on HIV.
d. Intensifying the Response: Halting the spread of HIV outlines the main approaches through which
Australia will improve legal and policy frameworks to enable effective responses to HIV:
i. Supporting governments to review and improve the laws and policies that address
discrimination against people living with HIV and bias against people at higher risk of
infection, and to remove the legal impediments to accessing prevention and treatment services.
ii. Supporting governments to review and improve the laws and policies that address gender
inequality and promote the empowerment of women, particularly regarding sexual violence and
inheritance laws.
iii. Supporting the implementation of policies and laws through education and training for
service providers, law enforcement personnel, the media, and decision makers by involving
affected communities and people living with HIV.
iv. Promoting a whole-of-government approach that promotes partnerships between health and
law enforcement in developing and implementing policy.
The Legal and Policy Enabling Environment for Effective HIV Responses
e. Many areas of law and policy are critical to an effective response to HIV and underpin participatory
approaches: public health law; HIV anti-discrimination legislation, including in the workplace;
legislation against discrimination on the basis of gender, supporting the equality women and their
economic empowerment; domestic relations and prevention of sexual violence; and laws
governing drug use, sex work and prisons.
f. Discrimination against people living with HIV undermines the public health efforts that encourage
people to undergo HIV testing. Protection is most often provided through laws and policies that
prohibit discrimination on the basis of ‘health status’ or ‘disability’, although some may
specifically refer to HIV or AIDS.1 Laws exist in many countries to protect people living with
HIV from discrimination in the workplace and prohibit mandatory HIV screening for potential or
current employees or testing without informed consent.
g. Societal and legal discrimination against the behaviours that place people at higher risk to HIV
infection – such as drug use, sex work and sexual orientation – can make it difficult for people to

be open about these issues and to access services due to fear of prosecution. Greater success can
be achieved through laws that encourage people to seek support rather than punishing them.
h. Laws and policies that protect women and girls against sexual violence, disinheritance and gender
discrimination (including harmful traditional practices and sexual violence) can have a huge
impact on their ability to negotiate safe sex and address underlying causes of HIV transmission.
i. Sensitisation and capacity building among legal practitioners and law enforcement officers and
strengthening leadership capacity of local legislators and leaders and contributing to cross sector
coordination are widely recognized as vital to achieving an appropriate and harmonized
legislative framework. This will enable and support an improved and full implementation of HIV
legislation and interventions.
j. UNAIDS (see Annex A) recommends that efforts by national stakeholders, the UN system and
donors should focus efforts on three levels of legal challenges in the response to HIV:
i. community empowerment and mobilization to know the law and access the legal system
ii. law enforcement to address the barriers that law and it enforcement might impose
iii. legislation and law reform to put in place new or amended laws to provide an appropriate
legal framework.
Proposed Scoping Study

k. New and expanded areas of work under Australia’s new strategy include prevention among men
who have sex with men, and legal and policy enabling environments, and continues to include GIPA
as a critical underlying principle. AusAID has undertaken to conduct scoping exercises to map current
activities related to these three areas, identify gaps in current and planned interventions, and identify
opportunities for AusAID to maximise its support (through multilateral, bilateral and non government
channels).
l. This proposed scoping exercise will focus on legal and policy enabling environments in Asia at a
broad regional level, encompassing the Mekong countries, and in Indonesia (a separate study has been
conducted in Papua New Guinea and the Pacific).
m. In recent years that there has been increased international attention to the legal and policy
apparatus and its impact on the HIV response. Recent reviews have identified the need to intensify
efforts to enact, strengthen and enforce legislation, regulations and other measures to eliminate all
forms of discrimination against, and to ensure the full enjoyment of all human rights and fundamental
freedoms by, people living with HIV and members of vulnerable groups. This includes overcoming
legal, regulatory or other barriers that block access to commodities and services.
n. Any AusAID analysis and support should build on and complement current and planned
interventions and emerging international best practice.
o. In line with the Paris Declaration and Accra Agenda for Action, AusAID supports working through
government systems where possible, in partnership with the UN in accordance with the agreed
regional Division of Labour, and harmonising with other donors including through delegated
responsibility. This scoping exercise does not favour any particular mechanisms of support and should
explore the full range of aid modalities.
p. The amount of funds AusAID allocates to this area will be determined by the opportunities
identified but is not envisaged to be a high cost activity in the short term. It is anticipated that
smaller initial investments may lead, however, to higher expenditure in the long term.
1. Objectives of the assignment
a. The overall purpose of this scoping study is to guide AusAID future engagement in this area, from
direct advocacy to a range of aid modalities.

b. The first objective is to undertake a scoping exercise (mapping, review and gap analysis) of
interventions to strengthen the legal and policy enabling environment for HIV responses in Indonesia
and Asia at a broad regional level, (encompassing the Mekong Countries and Indonesia).
c. The second objective is to identify opportunities and provide recommendations for AusAID to
support the identified partner countries to strengthen this area of the HIV response.
2 Scope of the assignment
The Scoping Study will comprise a two step process:

Step 1) Document Review
In Asia at a regional level, including the Mekong countries, and in Indonesia, conduct a review of
available relevant documentation including existing reviews/audits of laws and regulations2; country
specific laws where necessary, national and regional strategic plans and relevant policy documents to
identify current status and barriers to an effective HIV response. Step 1 was completed by a previous
consultant at a country level in Mekong countries and Indonesia but further research is required on
regional initiatives before Step 2 can begin.
Step 2) Mapping and analysis

Using information obtained in the literature review as a basis undertake an analysis of what action has
been taken to address the barriers identified and what needs, gaps and opportunities for support still
exist in Asia at a regional level and in Indonesia. The focus for Indonesia should be on policy and law
reform processes on (i) men who have sex with men, (ii) harm reduction, and (iii) sex work in Papua
and West Papua provinces). The focus at the regional level should be activities that relate to MSM
and harm reduction law and policy and that are of relevance to Indonesia, Burma, Cambodia and Lao
PDR. The regional mapping should not include the HIV/AIDS Asia Regional Program (HAARP), or
its existing partnerships with UNODC and UNAIDS which focuses on harm reduction in the Mekong
countries, but should include civil society organisations working regionally on harm reduction policy
and advocacy.
This analysis will include:

a. Map and review existing AusAID activities and proposals that address legal and policy enabling
environments. Describe the activities undertaken or proposed and the approach including coverage,
resourcing and as appropriate, quality, what has been successful and lessons learned.
b. Identify other key stakeholders, including multilaterals, public private partnerships, and civil
society organisations working in the field of legal and policy enabling environments and describe
their significant activities and approach, including geographic location, coverage, quality, sources of
financial support and duration/end dates, where available. See Attachment C for a list of key
organisations to include in the review and consultation processes.
c. Identify the needs and gaps (geographic, programmatic and efficacy) in existing work and potential
opportunities for additional support, taking into account:
i. regional and national strategic plans, regional and country contexts/needs and divisions of
labour
ii. Accra Agenda for Action
iii. future plans of other donors (including the Global Fund) and opportunities for collaboration
and delegation
iv. how to involve and best utilise people living with HIV and/or affected populations such as
men who have sex with men, sex workers and injecting drug users.
d. Recommend a range of options (in order of priority) to address gaps and opportunities at Asia
regional level, encompassing the Mekong countries and in Indonesia, either through establishing new
programs or contributing to existing initiatives, for the identified countries taking into account:

i. AusAID’s international development strategy for HIV Intensifying the Response: Halting
the spread, the UN Guidance note (Annexe A), country strategies, HIV programs and
priorities
ii. Australia’s and AusAID’s comparative advantage
iii. role and resourcing of AusAID’s Heath and HIV Thematic Group and country offices
iv. how impact will be measured
v. cost effectiveness, key risks and sustainability
vi. possible partners and modalities
vii. the evidence in relation to what strategies have worked / not worked
viii. the relative strengths and weaknesses of organisations working at the regional level and
their strategic role, including the potential benefits or risks in extending funding beyond
existing AusAID commitments (APLF (UNAIDS), International HIV Alliance, APN+,
APCASO, 7 Sisters, and the HIV Consortium)
ix. assessment of a proposal from New South Wales Health that addresses legal and policy
reform in the Mekong region.
1. Suggested methodology
a. This scoping exercise will be conducted as a desk-based review consisting of a literature review
(partially completed) and consultation with officers from AusAID, partner governments, development
partners (donors and non government organisations) and civil society organisations.
b. It is expected that key AusAID contacts in-country and Canberra, as identified by the Health and
HIV Thematic Group, will be consulted by telephone/email to inform the analysis and identify in-
country contacts from partner governments, development partners and civil society.
c. The literature review, through analysis of relevant documentation including national strategic plans,
policy documents, research papers, program reports, and existing databases of government and non
government agencies involved in legal policy enabling activities, will inform the consultation process
and development of a report and recommendations. See Attachment B for a list of documents and
organisations/individuals that should be consulted. This is not exhaustive list and does not include
input from country contact people.

Annex VI: Informants
Indonesia
Lisa Baldwin Senior HIV Technical Adviser, USAID Indonesia Country Office
Julia Cabassi Consultant, International Development Law Organization
Linette Collins HIV Adviser, AusAID Indonesia Country Office
Monica Ciupagea HIV/AIDS Adviser, UNODC Indonesia Country Office
Victoria Coakley Director, Democratic Governance and Policy Coordination, AusAID Jakarta
Nancy Fee UNAIDS Country Coordinator, Indonesia
Ricky Gunawan Director, Community Legal Aid Institute Jakarta
Robert Magnani Country Director, Family Health International
Dr Nafsiah Mboi Secretary, National AIDS Commission
Tim McKay Team Leader, HIV Cooperation Program for Indonesia
David Patterson Health and HIV Program Director, International Development Law
Organisation
Dr Abby Ruddick Deputy Team Leader, HIV Cooperation Program for Indonesia
Gabor Samogyi Independent expert (Bali) and member International Drug Policy Consortium
David Traynor International Programs Manager, AFAO
Asia Regional
Dr Fiona Barr Regional Representative Asia Pacific, International HIV Alliance
Simon Baldwin Senior Technical Officer, HIV and Drugs, Family Health International Asia
Pacific Regional Office
Mark Bebbington Program Director, HIV Consortium for Partnerships in Asia Pacific
Anindya Chaterjee Director, HIV/AIDS Asia Regional Program
Clif Cortez Senior HIV Adviser, USAID Regional Development Mission Asia
Vincent Crisostomo Regional Coordinator, 7 Sisters: Coalition of Asia Pacific Regional Networks
on HIV/AIDS
Jimmy Dorabjee Principal Fellow, Centre for International Health, Macfarlane Burnet Institute
for Medical Research and Public Health
Phillipe Girault Technical Adviser, Family Health International Asia Pacific Regional Office
Megan Hansford HIV Program Manager, AusAID Bangkok
Moi Lee Liow Executive Director, APCASO
Geoff Manthey Acting Director, UNAIDS Regional Support Team Asia Pacific
Maria McMahon International Program Manager, Scarlet Alliance
Ele Morrison Manager, Regional Partnership Project, Australian Illicit and Injecting Drug
Users League (AIVL)
Andy Quan Independent Consultant and Program Manager, Collaborative Fund for HIV
Treatment Asia Pacific
Annette Sohn Vice President, Global Initiatives, Foundation for AIDS Research
Shiba Phurailatpam Regional Coordinator, APN+
Geeta Sethi APLF Project Manager, UNAIDS Regional Support Team Asia Pacific
Kah SinCho Regional Programme Adviser, UNAIDS Regional Support Team Asia Pacific
David Traynor Manager, International Programs, AFAO
Edmund Settle Regional HIV Policy Specialist (MSM), UNDP Regional Centre Bangkok
Michelle Sullivan First Secretary, Regional Programs, AusAID Bangkok
Felicity Young Chief of Party, RTI International, HPI Greater Mekong Region-China

Annex VII: References
General
Third High Level Forum on Development Effectiveness (2008). Accra Agenda for Action.
UNAIDS and UNOHCHR (2006) International Guidelines on HIV/AIDS and Human Rights
(Revised), UNAIDS Geneva.
UNAIDS (2008) Addressing HIV-related Law at National Level – Guidance Note. UNAIDS Geneva.
AusAID
AusAID (2009) Intensifying the Response: Halting the spread of HIV. Australia’s International
Development Strategy for HIV, Canberra.
Lowe, D. (2009) Scoping exercise: Options for AusAID support for comprehensive approaches to
address HIV infection among men who have sex with men in the Asia Pacific Region AusAID
Health Resource Facility.
AusAID Australia-Indonesia Partnership for HIV 2008-15 including the HIV Cooperation
Program for Indonesia, Final Partnership and program design, September 2007
Australia Indonesia Partnership Country Strategy 2008–13
Indonesia
Asa, S. (2009) Legal Services and Human Rights in the Management of HIV/AIDS in Indonesia:
Background Paper for National Stakeholder Meeting on HIV and Law IDLO.
Asia Pacific Coalition on Male Sexual Health MSM Country Snapshots: Indonesia 2009
Davis S et. al. (2009) Survey of abuses against injecting drug users in Indonesia Harm Reduction
Journal 6:28
FHI ASA (2009) Quarterly Reports Jan-March 2009; Oct-Dec 2008; July-Sept 2008
GRM International (2009) USAID Papua Assessment November 2008-January 2009 USAID Jakarta
HCPI, KPAP Papua (2008) Papua Communication Plan.
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Support for Strengthening the HIV

Legal and Policy Enabling

Stakeholders Phase 3 Report:

John Godwin and Sally Cameron

30th March 2010

Glossary of Acronyms and Terms.......................................................................................................................ii

AusAID Health Resource Facility

Glossary of Acronyms and Terms

AusAID Health Resource Facility

IDUs Injecting drug users

AusAID Health Resource Facility

The Objectives of the Scoping Exercise were:

AusAID Health Resource Facility

ASIA REGIONAL INITIATIVES

3. Documenting and advocating evidence of effective country-level responses to regional and

AusAID Health Resource Facility

1.1 Background and objectives

The objectives of the Phase 3 Scoping Exercise were:

The key steps in undertaking the Phase 3 Scoping Exercise were:

AusAID Health Resource Facility

AusAID Health Resource Facility

Donor legal and policy responses

AusAID Health Resource Facility

UN agencies legal and policy responses

AusAID Health Resource Facility

Civil society legal and policy responses

Law and justice sector

2.2 Key gaps and priority needs

AusAID Health Resource Facility

Low cost legal aid models and community legal education

AusAID Health Resource Facility

Harm reduction policies for law enforcement agencies

Promotion of diversion of drug users from prisons to treatment and care

AusAID Health Resource Facility

Human rights monitoring, documentation and enforceable remedies for violations

National leadership on rights-based laws, including auditing of legislation against international

AusAID Health Resource Facility

2.3 Opportunities and mechanisms for AusAID support

AusAID Health Resource Facility

• The desirability of building on pre-existing successful modalities e.g. AIPH as an overarching

1. Adjustment to the design of HCPI

2. Addressing HIV in AIPJ, and coordination between AIPJ and AIPH

3. Direct funding of Indonesian legal institutions

4. Indonesia Partnership Fund for HIV/AIDS (IPF)

5. Capacity building of civil society partners

In 2010-2011, USG’s Office of Global AIDS Coordinator will be negotiating a Partnership

AusAID Health Resource Facility

7. Contributing to UN-led responses

Australia’s contribution to UN responses could be more indirect, by exercising influence to ensure

AusAID Health Resource Facility

3 Asia regional initiatives

3.1 Focus of the Scoping Exercise at the regional level

Injecting drug use and harm reduction law and policy

AusAID Health Resource Facility

AusAID Health Resource Facility

AusAID Health Resource Facility

3.2.4 Global Fund

3.2.5 Other donors and funders

HIVOS is a Netherlands-based foundation, primarily funded by Government of Netherlands, which

AusAID Health Resource Facility

3.3 Strengths and weaknesses of AusAID-funded regional activities

3.3.1 International HIV/AIDS Alliance (Alliance)