News (Updated May 13, 2007)
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MP Keith Martin warns of coming AIDS pandemic, widening social divide, following recent trip
The intentional destruction of its medicare system has put China on verge of an AIDS pandemic, says Dr. Keith Martin.
The Chinese government got rid of free medical treatment, including “barefoot doctors” who treated rural peasants, and replacing it with a private, cash-only system, said the Liberal Esquimalt-Juan de Fuca MP following a short trip to China.
Chinese people, regardless of their economic status, must now pay for all medical services —- including blood transfusions, said Martin, a medical doctor.
Because most of China’s population is desperately poor “where hundreds of millions of people live on less than $2 a day,” the destitute, including intravenous drug addicts and people infected with HIV, sell their blood, he said.
Since blood is not checked for diseases before it is used, China has an insecure blood system that makes it easy to spread deadly diseases like HIV and AIDS, said Martin.
“The tainted blood is given to hundreds of thousands of people and is made worse by growing prostitution and IV drug use,” said Martin.
“China is where Africa was 20 years ago and is poised to see an explosive and devastating growth in HIV infection,” said Martin, who emphasized Canada has the knowledge to help deal with the problem.
“Canada is in an important position to work with the Chinese government to prevent the deaths of millions of people,” he said. “This is an opportunity we must take.”
Although China has an urban wealthy class, Martin said he was shocked at the “grinding poverty” suffered by most Chinese, particularly in slums and rural areas.
The MP said the “two Chinas” he saw — the few urban wealthy driving Mercedes and and the tens of thousands of poor building skyscrapers — are “reminiscent of ancient Egypt” just before the empire disintegrated.
The poverty combined with an absence of AIDS knowledge and HIV prevention is “a recipe for disaster,” he said.
Martin said China’s one-child-per-family policy to control population growth is disintegrating, adding he witnessed first hand how relaxed the policy has become.
“Many (families) now have two or three children,” said Martin, who was troubled most of the youngsters were male, suggesting female fetuses are intentionally aborted.
Noting the purpose of his brief visit to China as part of a Canadian delegation was to deal with economic relations and security concerns, as well as human rights, Martin blasted Prime Minister Stephen Harper’s approach of openly criticizing China’s human rights record.
Martin said “tossing bricks from 24 Sussex Drive” --— the PM’s home -— “has seriously damaged our ability to advocate in all of these areas.”
“It works well with the audience at home in Canada but doesn’t help the person being tortured in a jail in China.”
Abortions among teenage girls in China's largest city Shanghai rose by 30
percent over the just-concluded May Day holiday, newspapers said on Thursday.
Citing hospitals and a city pregnancy hot-line, the reports said high school
students aged 16-18 are accounting for a growing percentage of those seeking
abortions, as opposed to college students.
It was an apparent sign that young urban Chinese are becoming sexually active
younger, but with little knowledge of or access to contraception.
Specific numbers weren't given, although reports said the hot-line receives
almost 5 000 calls from teenagers every year, about 30 percent of whom are
seeking advice on abortion, the Shanghai Daily and Xinmin Evening News said.
Many wait to undergo the procedure until one of China's three weeklong holidays,
when school girls can make up 80 percent of those booked at abortion clinics,
the reports said.
While underage sex remains taboo in China, abortion is widely available without
the requirement that parents be notified.
China has long promoted abortion as part of its attempts to enforce policies
limiting most families to just one child.
Human rights groups say women who become pregnant with additional children are
sometimes forced to abort.
School girls who attempt to keep their abortions secret risk further damaging
their health by depriving themselves of time to recuperate, or by avoiding other
forms of professional medical help, the reports said. - Sapa-AP
If the amendment bill is approved by the Legislative Yuan, institutions or individuals refusing medical treatment, education, care and housing to HIV/AIDS patients will be fined up to US$4,500. Authorities can continue to fine violators if the situation is not rectified by a given deadline.
This legislation could affect a case currently on trial concerning an AIDS halfway home ordered to move out of a residential complex by the Taipei District Court, the China Times report stated. The verdict, which forced the Harmony Home to relocate, met opposition from HIV/AIDS-related organizations and human-rights groups. After making appeals, its case with the community management commission in charge of its former residence was undergoing a second trial, a volunteer surnamed Han with the Harmony Home Association said May 5.
HHA Director Nicole Yang told the China Times that she was happy to hear about the amendment bill. Yang, who has run this nonprofit organization for almost 20 years, hoped personnel in various care institutions, such as orphanages and retirement homes, could learn that there was no risk of infection when providing care to HIV-positive people. "It would be the best thing if all the patients living here have other places to go and the Harmony Home did not have to exist anymore," Yang said. She added that elderly patients or those in a vegetative state, for example, should be able to receive treatment in institutions that specialized in such cases, but they had been rejected for being HIV-positive.
The amendment was designed to provide HIV/AIDS patients with proper care in professional facilities based on their specific situations, according to the Cabinet-level Department of Health.
In addition, the new rule would also pave the way for legalizing measures used in Taiwan's harm reduction program. The project was intended to reduce drug-related illnesses and avoid public-health disasters, especially the risk of HIV infection, through needle and syringe exchanges and using methadone in replacement therapy, before getting drug users to be free of their addiction, according to the Center for Disease Control under the DOH. The program has been undertaken on a trial basis in several cities and counties since December 2005.
According to statistics by the CDC, drug users have become the major HIV-infected group in recent years, accounting for most--around 70 percent--of all HIV-positive people in 2005, an all-time high. Recognizing that sharing needles during intravenous drug use was the major means of transmitting HIV/AIDS among drug users, the government began to conduct its harm reduction program in 2005. Relevant authorities and institutions set up needle-exchange stations where drug users could return used needles and get new needles for free, as well as receive health and drug education services.
Though the measure raised doubts among the public in the beginning, the program has already seen some effect. CDC stated in a January 16 press release that one year after the program began, there were about 2,942 more HIV/AIDS cases reported in 2006--a decrease from 3,399 more cases in 2005--and the percentage of HIV/AIDS cases that were drug users also declined to around 60 percent.
The CDC also stated that the ratio of returned needles had risen from 1 percent when the program started to 21 percent at present, and cities and counties instituting the program increased from four to 23 this year. Difficulties still existed, however, as the program required cooperation from the police and judiciary, according to the CDC. After related laws were also amended in accordance with the new rule, these government agencies were expected to give a reprieve to drug users participating in the program or undergoing replacement therapy treatment, the CDC said.
CDC officials said in an April 26 United Daily News report that the amendment
would help encourage drug users to contact needle-exchange stations and
hospitals that provided methadone therapy, using them as access points to other
health and social-service resources.
By Caroline Valetkevitch
NEW YORK (Reuters) - Former President Bill Clinton announced deals with two Indian generic drug companies on Tuesday to cut prices of AIDS treatments for 66 developing countries, a move that could help nearly half a million patients.
The new prices for second line anti-retroviral drugs, which are required by patients who develop resistance to a previous drug regimen, will mean an average savings of 25 percent in low-income countries and 50 percent in middle-income countries, said Clinton, who announced the deal at the Clinton Foundation offices in New York.
These drugs are about 10 times the price of first-line treatments, he said, noting that nearly a half million patients will require these drugs by 2010.
"That's a very great strain on countries' health-care budgets, and governments fear all over the world that they will simply not be able to keep patients on treatment," he said.
The pact between the Clinton Foundation and Indian companies Cipla Ltd. and Matrix Laboratories Ltd. covers 66 countries in Africa, Asia, Latin America and the Caribbean. HIV/AIDS is widespread in many countries in Africa and Southeast Asia.
The companies collaborated with the foundation to lower production costs, in part by securing lower prices for key raw materials and by addressing chemistry challenges, he said.
Clinton also said a new once-daily pill now prohibitively expensive in developing countries would be made available for less than $1 a day. He said the pill combines the drugs Tenofovir and Lamivudine and Efavirenz.
"This drug represents the best chance that science has to offer," said Clinton, who was joined by the health ministers of Thailand and Kenya, the chairman of Matrix and France's ambassador to the United States.
The new cost for this treatment of $339 per patient per year marks a 45 percent reduction from the current rate available to low-income countries and a 67 percent reduction from the price available to many middle-income countries, the foundation said.
The announcement is one of several price reductions the Clinton Foundation said its HIV/AIDS Initiative has helped broker since 2002. Some 750,000 people are receiving drug treatments for AIDS through the foundation, it said.
The AIDS virus infects nearly 39 million people globally, and has killed 25 million people since it was identified 25 years ago. Virtually all -- 95 percent -- of people infected with the virus live in the developing world.
Clinton said he supported Brazil and Thailand's efforts to challenge drug patents of big pharmaceutical companies.
Thailand this year issued licenses for cheap generic versions of Abbott Laboratories Inc.'s Kaletra for HIV, and Brazil last week took a similar step with Merck & Co.'s Efavirenz.
"I strongly support the position of the governments of Thailand and Brazil and their decision after futile negotiations to break these patents," said Clinton.
by Griffin SheaSun May 6, 11:14 PM ET
Hanging on the wall of a
popular Bangkok restaurant is a portrait of Mechai Viravaidya wearing a
Superman outfit, his red underpants outside his blue tights and a giant
yellow "C" emblazoned across his chest.
On closer inspection, it becomes clear the portrait is not that of the comic book superstar after all but a real-life Thai hero -- "The Real Mr Condom," a character Mechai invented as part of his fabulously successful campaign to raise awareness of HIV and AIDS among his countrymen.
Unlikely as it may sound, this picture of the man whose name has become synonymous with "condom" in Thailand, is among the more subtle of the displays filling Mechai's restaurant and its tropical garden courtyard tucked down a lane in the bustling capital.
The restaurant is called Cabbages and Condoms, and was opened to raise money for AIDS prevention projects. It's named after Mechai's belief that condoms should be as easily available -- and as easy to discuss -- as cabbages, a staple in Thai kitchens and cuisine.
The restaurant's courtyard is filled with trees draped in fairy lights and a small waterfall, and sometimes a musician plays the traditional Thai xylophone known as a ranad.
But look closely at the bouquets of flowers and the petals are made of condoms, as are the lampshades. Mannequins nearby are dressed in clothes made out of packets of condoms and birth control pills.
And as Mechai sits down to talk, his staff produce a stuffed teddy bear and a cat, both made of snipped condoms instead of plush.
These are just some of the ways that Mechai has dreamed up over the last three decades of using humour -- and unlikely condom creations -- to erase the stigma surrounding talk of sex in Thailand.
His efforts have been so successful that his name has become slang for "condom" in Thai -- it was intended as an insult the first time a newspaper called a condom a "mechai," but he wears it as a badge of pride.
Mechai's campaigns are widely credited first with reining in Thailand's population growth in the 1970s, and then with preventing HIV from stampeding across the country in the 1990s.
"It was praised as the best programme in the world," Mechai says of his AIDS prevention campaign. "Everyone was involved, every ministry -- education was involved, business was involved, religion was involved, everyone."
But a decade after life-prolonging drugs first appeared and transformed perceptions of AIDS, Mechai says Thailand's prevention efforts have been waning, leading to fears that infections could rise, especially among the young.
"You've heard the saying, winning the battle and losing the war. Now this may happen in Thailand," he says.
"We have seen a 90 percent decline in infections. Terrific. It's just that now it's beginning to turn up again. Over the last three years, public education in Thailand by the Ministry for Public Health has almost been zilch.
"Younger generations are now saying, is AIDS still around? We thought it was gone. That's why we're not using condoms anymore. It's entirely tragic. We've done it, and now we just let it fall, fall back," he says.
"It's not a matter of not knowing what to do. We know what to do. We've done it. We've achieved great success, now it's falling backwards, and it's just unbelievable."
And that's why, more than a decade after Mechai was Thailand's public health minister, he's been called back to duty as the government's "AIDS czar" to devise a new prevention campaign, focussing specifically on young people who missed out on the original message about safe sex.
Thailand stands out as one of the few bright spots in the world's battle against HIV, although it remains one of the hardest-hit countries in Asia.
Some 1.4 percent of the adult population is infected with HIV, according to UNAIDS. Since the first case was detected here in 1984, more than one million Thais have been infected and more than 400,000 have died.
But the World Bank estimated in a report last year that if Thailand had not pursued such an effective prevention campaign since the 1990s, 7.7 million more people would have been infected.
The United Nations calls Thailand an "early achiever" in meeting its Millennium Development Goal of halting and beginning to reverse the spread of the epidemic by 2015.
In 1990, Thailand had 143,000 new infections, but UNAIDS says the number now is about one-tenth of that.
Much of the credit for that turnaround lies with Mechai, who used the force of his dynamic personality to change both government policy and public perceptions.
He was born in Bangkok in 1941, the son of a Scottish mother and a Thai father, both doctors who instilled in him the importance of public service.
As a young development economist working for Thailand's government, Mechai became famous while moonlighting as a television actor starring in soap operas adapted from popular novels.
He also had a successful radio show and a newspaper column, experiences that helped him learn how to use media to get out a message.
He left government service after just a few years to stage an unsuccessful bid for parliament, and then went on to form his own NGO, which is now the Population and Community Development Association.
When he first started promoting birth control in the 1970s, most of the educational materials were staid brochures that avoided referring directly to either condoms or sex.
But when Mechai started talking about sex, he used his star power to draw in crowds, and then used his humour and stage skills to pull in listeners in a way that no one had done before.
Mechai passed out condoms to everyone he saw, and then encouraged people to blow them into balloons.
"The availability or possession of a product doesn't govern one's behaviour. We have knives in our kitchens, but we are not all killers. The condom is really clean if your mind isn't dirty," he said during one of his early workshops, according to a biography of him called "From Condoms to Cabbages".
Mechai glued condoms to business cards and put them on key chains. He set up family planning "supermarkets" at bus stations to sell contraceptives as well as more novel items, such as lace panties carrying the motto "Too many children make you poor."
He enlisted traffic cops to pass out condoms on New Year's Eve, in a scheme that became known as "Cops and Rubbers".
At his request, Buddhist monks blessed batches of condoms. In rural areas with limited access to media, he hired farmers to spray-paint condom ads on their cows.
When AIDS began threatening Thailand in the 1980s, the government was initially afraid of publicly battling the disease, in part for fear of scaring off visitors and threatening the vital tourism industry.
At the time, the government actively promoted Thailand's famed red light districts, and authorities feared sexually transmitted diseases like AIDS would put off tourists.
Mechai argued that tourists would want the reassurance of knowing that Thailand was tackling the disease head on. In 1991, he was asked to join the prime minister's cabinet, where he made his campaign part of national policy.
He used equally dramatic but simple stunts to ease the social stigma surrounding HIV. Once he called a press conference merely to be photographed drinking from the same glass as someone with AIDS, to make the point that the disease cannot be spread through simple social contact.
While prevention efforts grew steadily throughout the 1990s, the government's focus changed as new drugs became available to treat the disease.
Thailand's treatment programme has been hailed by the World Bank as an international model, providing drugs to 90 percent of the people who need them and resulting in a dramatic drop in the number of AIDS deaths.
Between January and November 2004, nearly 6,600 people died from AIDS. During the same period of 2005, the number of deaths dropped below 1,500.
In recent months, Thailand has also proved willing to battle Western pharmaceuticals manufacturers to extract lower prices by invoking little-used rules under the World Trade Organisation to make its own generics.
The tactic succeeded in winning concessions from the drug companies to cut their own prices.
Even though the overall picture is encouraging, what worries campaigners like Mechai is changing behaviour among Thai youth who missed out on the campaigns of the 1990s.
In recent years, army conscripts -- mostly 21-year-old men who are drafted for mandatory military service -- have shown a growing tendency to visit prostitutes while becoming less likely to use condoms.
The shift is worrying because the behaviour of the conscripts is believed to mirror that of young men generally.
HIV remains alarmingly common among Thai sex workers, creating a threat that the epidemic could push its way back into the general population.
The Ministry of Public Health acknowledges that prevention efforts have slacked off.
"In the last three years, the government let each ministry set up its own budget for AIDS prevention, but it was a very low priority," health minister Mongkol Na Songkhla says.
The budget for prevention was 50 million baht in 2004, but dropped to 20 million baht (570,000 dollars) in 2006.
Mechai's appointment in early April as the new AIDS czar seems to indicate a new commitment to prevention.
"The government has obviously realised that we've got to do something," he said. "If we go the way we've been doing things, we're going to be clobbered."
And his formula for turning things around is simple: condoms, condoms, condoms.
Mechai says abstinence campaigns like those championed by US President George W. Bush's administration just don't work.
"We're not trying to prevent sex, like Bush. No one's been able to
do that in the history of the world," he says.
Thursday May 10, 9:44 am ET
By Bradley S. Klapper, Associated Press Writer
Despite major advances in the fight against discrimination, gender, race and religion continue to determine how people are treated in the employment market and at the workplace, the International Labor Organization said in its flagship report on global working conditions.
Women are especially prone to labor discrimination, the ILO said in outlining only a mixed bag of success since the last installment of its "equality at work" series four years ago.
"It's striking to see how everywhere in the world, irrespective of how rich or how poor a country is, or what type of political system it has, discrimination is there," said Manuela Tomei, author of the 127-page report. "Discrimination is a never-ending story of human nature. But it's something that society can no longer tolerate."
While more women are joining the work force around the world, they continue in every geographical region to be paid less than men for the same jobs, the report said.
And underlining the persistence of the "glass ceiling" preventing female employees from winning top posts, the agency said women still represent only "a distinct minority" in legislative and senior official or managerial positions. Their share is over 40 percent in the United States and Canada, but only 11 percent in the Middle East and even less in India and other south Asian countries.
"Many countries collect wage statistics by sex but don't even publish them" because they think they are unimportant, Tomei told The Associated Press. "This is very common in Asia."
The report, citing 2004 figures, said women earn at least 30 percent less than men for manufacturing jobs in Asian countries, including Hong Kong, Japan, Singapore, South Korea and Taiwan. But the gap also prevails in Europe, where women in manufacturing earn less than 80 percent of what men make in Austria, Britain, Bulgaria, Cyprus, the Czech Republic, Germany, Hungary, Ireland, Luxembourg, Netherlands and Switzerland. Bahrain was the worst of 37 countries in the comparison, while Sweden and Australia were the best. U.S. data was not available for comparison, the ILO said.
Laws in many countries ban employers from asking women whether they plan to have children, but they are frequently flouted, Tomei said. Employers around the world are also finding more subtle means to discriminate against people based on the color of their skin or their ethnic nationality, she added.
"The term 'good appearance' can simply mean light-skinned or tall, thereby excluding certain racial groups," she said. "The height requirement is another indirect form. You don't need to have a certain height to be a receptionist or sell books."
The report said some simple improvements in the workplace -- a Braille keyboard or use of the most rudimentary sign language -- could level the playing field for a number of people suffering from impairments, such as the blind and the deaf. It said many of the 470 million people of working age with disabilities could make valuable contributions in working environments that offer them a chance.
Discrimination against gays and lesbians "has only recently been recognized as intolerable" by many nations, Tomei said, but noted that homosexuality remains illegal in over 75 countries, "subject to corporal punishment and even the death penalty."
The use of AIDS tests is "extremely widespread" in screening job seekers, despite laws specifically targeting the practice, Tomei said. "Many people are subject to AIDS tests without even knowing it," she added.
Another increasingly worrying practice is genetic screening, which employers sometimes use to eliminate prospective employees thought to be predisposed to leukemia or other genetic diseases, the report said. It said "unhealthy lifestyles" is a criterion being used to discriminate against the obese, smokers and others.
The 180-nation ILO -- which brings together governments, employers and unions -- said the near universal condemnation of workplace discrimination has been a major step forward in the labor rights, even if the commitment to equal rights is often lukewarm.
The organization's 1951 protocol demanding equal remuneration for men and women, radical at the time of its drafting, has now been signed by 163 ILO members, with a number of Arab states abstaining. Thailand and Singapore are among those yet to ratify a 1958 accord banning all forms of employment discrimination.
While Americans were prominent in shaping both conventions, the United States stands alone as the only industrialized nation yet to commit to either the equal-pay or anti-discrimination accords.
Fri May 11, 4:28 PM ET
The promotion of
chastity -- a frequent theme in remarks by Pope Benedict XVI during his
visit to Brazil -- has no place in the country's AIDS policy, Secretary for
Women's Rights Nilcea Freire said Friday.
Abstinence from sex is "an absolutely individual decision," she said. "I have nothing for or against someone who wants to be chaste or someone who doesn't want to be, but we cannot base our program of prevention of sexually transmitted diseases and AIDS by advocating chastity," she told AFP.
"We recommend the use of both male and female condoms, whose use has been shown to be effective in the prevention of sexually transmitted diseases and HIV," she added.
The conservative Benedict has also come under fire from Brazilian Health Minister Jose Gomes Temperao, who criticized the Vatican's hardline stance on abortion, backed up by President Luiz Inacio Lula da Silva himself.
Brazil, the world's largest Catholic country, has managed to contain the spread of AIDS in the past decade through an aggressive campaign of distributing millions of free condoms, including to schools.
The campaign -- which has also helped reduce teenage pregnancy -- has drawn fierce criticism from the Vatican, while under the United States' foreign aid policy, funding is withheld from reproductive health organizations that do not advocate abstinence.
Earlier this month Brazil decided to ignore US pharmaceutical giant Merck's patent on a key AIDS drug and instead buy a cheaper generic alternative from India.
Brasilia said the move is allowed under the World Trade Organization's 2001 TRIPS agreement, which allows developing countries to put public health concerns above intellectual property rights.
Brazil anti-retroviral programs supply a cocktail of 15 drugs free to 200,000 people who have tested positive for HIV in the country.
Freire said Friday: "The fight against AIDS belongs to the government, and we should wage it in accordance with the needs of the Brazilian people."
At a youth rally attended by at least 40,000 young people in Sao Paulo on Thursday evening, the pope devoted a large part of his speech to defending marriage, premarital chastity and faithfulness between spouses, in a country with notably relaxed sexual mores.
"Marriage is an institution of natural law, which has been raised by Christ to the dignity of a sacrament," he said. "God calls you to respect one another when you fall in love and become engaged, since conjugal life (is) reserved by divine ordinance to married couples."
Health Minister Temperao, for his part, is just as adamant that the Church remain out of the abortion issue, saying Wednesday: "You can't impose the precepts and dogma of a particular religion on an entire society," adding: "Church and state have been separate in Brazil for centuries."
Underscoring the point, Temperao has decided not to accompany the pope on a visit to a drug rehabilitation center in the nearby town of Guaratingueta on Saturday, the Sao Paulo newspaper O Estado de Sao Paulo reported.
President Lula said on the eve of Benedict's arrival Wednesday that he opposes abortion personally, but that as Brazilian head of state he views it as a public health issue, because "otherwise it leads to the death of many girls in this country."
He lamented that teenage pregnancy keeps some 30 percent of 15- to 17-year-olds out of school, adding: "I know cases of girls who had their uterus perforated by a knitting needle" during an abortion.
Sat May 12, 2007 5:54 PM ET
SOFIA (Reuters) - Thousands of Bulgarians took part
in an open mass in Sofia on Saturday in support of five Bulgarian nurses who
have been sentenced to death in Libya for deliberately infecting hundreds of
Libyan children with HIV.
Sofia, backed by its allies in Brussels and Washington, has stepped up pressure on Libya to release the nurses condemned in a highly politicized case that has blocked Libyan leader Muammar Gaddafi's attempts to put an end to diplomatic isolation.
A Libyan court sentenced to death five Bulgarian nurses and a Palestinian doctor in December for intentionally infecting 426 Libyan children with the HIV virus in the 1990s, more than 50 of whom have died.
More than 2,000 people gathered in front of Sofia's gold-domed Orthodox Christian Alexander Nevski cathedral to pray to three icons brought to Sofia from Bulgaria's largest monasteries that are believed to have magical power.
"Our prayer is for the innocent Bulgarian nurses severely suffering in a foreign country. We pray so that they receive a just sentence and come back home safe. We also pray for the Libyan children," said the head of Bulgaria's church patriarch Maxim.
The medics say they are innocent and were tortured to confess over an HIV epidemic which solid scientific evidence shows had started before they went to Libya.
Libya has indicated it may release the nurses if Bulgaria pays so called "blood money" amounting at around 10 million euros ($13.48 million) for each family.
Bulgaria has refused to pay compensation saying it would be an admission of guilt. It has set up a solidarity fund with the European Union and the United States aimed at providing medical aid and financial support for the children.
Earlier this week President Georgi Parvanov appealed to EU member states to be more generous in their donations to the fund.
The Libyan court is still to appoint a date for the medics' appeal.
by Mariette le RouxThu May 10, 12:50 PM ET
South Africa's common
law was rewritten on Thursday to classify forced anal sex with a woman or
girl, previously considered indecent assault, as rape.
The country's Constitutional Court ruled that the distinction hitherto made between anal and vaginal violation of a female was unconscionable.
"The extension of the common law definition of rape to include non-consensual anal penetration of females will be in the interests of justice," reads a majority judgment by the highest court.
The court was giving judgment in the case of a 44-year-old man, Fanuel Masiya, convicted of raping a nine-year-old girl three years ago.
The girl was penetrated anally but a regional court ruled it rape -- even though the law classified the offence as indecent assault -- saying to do otherwise would be irrational and senseless.
The court made no ruling on non-consensual anal sex with men or boys, saying this went beyond the facts of the case before it.
"It is not desirable that a case should be dealt with on the basis of what the facts might be rather than what they are."
But it said those crimes were equally heinous and said the law may need to be changed later.
"It can hardly be said that the non-consensual anal penetration of males is less degrading, humiliating and traumatic."
Some 50,000 rapes, including around 20,000 of children, are reported to South African police every year, but women's groups say the real figure is around 1.5 million.
About 5.5 million people out of a total population of 47 million are believed to be HIV-positive.
The regional court magistrate in the Masiya case called the existing definition of rape archaic and discriminatory, and referred the case to a high court for sentencing, which has not yet happened. High courts in South African can impose harsher sentences than the lower courts.
The matter was subsequently referred to the Constitutional Court as the only body competent to rule whether laws were in line with the objectives of the country's constitution.
"The case raises constitutional issues of considerable public importance," the highest court's ruling said Thursday.
The trauma of anal rape was just as humiliating, degrading and physically hurtful as vaginal rape, and both forms of violation carried the threat of HIV infection, said the judgment.
The court described the prevalence of sexual violence in South African society as "deeply troubling," and said changing the definition would "express the abhorrence with which our society regards these pervasive but outrageous acts."
The court changed Masiya's conviction to one of indecent assault, saying the new definition would not apply retrospectively.
By Gershwin Wanneburg
JOHANNESBURG (Reuters) - African gay activists protested against "state-sponsored" homophobia, saying authorities tacitly condoned their persecution across the continent.
The International Gay and Lesbian Association's (ILGA) first pan-African conference in Johannesburg, which ends on Tuesday, drew about 60 activists who say they have seen first-hand the consequences of laws that breed homophobia.
In some cases, possible sentences against gays include death by stoning.
Thirty-eight of 85 U.N. members who outlaw homosexuality are in Africa, according to an April 2007 ILGA report which notes: "Although many of the countries ... do not systematically implement those laws, their mere existence reinforces a culture where a significant portion of the citizens need to hide from the rest of the population in fear.
"A culture where hatred and violence are somehow justified by the State and force people into invisibility or into denying who they truly are."
South Africa stands alone in Africa in its liberal attitude, last year becoming the first African nation to allow gay marriages.
Rowland Jide Macaulay, a gay cleric, breaking with African tradition that regards homosexuality as a taboo, launched a gay-friendly church in his native Nigeria last year to counter negative messages from officials and church leaders in a country where laws render homosexuality punishable by stoning to death.
"We're talking with people who cannot even integrate in the society. They've lost their jobs because they found out that they're gay at work, they've lost the roof over their head because their landlord found out they are gay," he said.
"There are people who suffer homophobic attacks ... verbal abuse and I think people need assurance they're not mentally ill."
Laws proposed last year will make life harder for gays in Nigeria, Africa's most populous country, he said. The Same Sex Prohibition Bill bans homosexual unions and allows for the prosecution of anyone "aiding and abetting" gays and lesbians.
"In the southern part of federal Nigeria the punishment is 7-14 years. In the Sharia (Islamic law) states in the north it's actually death by stoning," said Macaulay.
Jean-Louis Rodrigues, secretary-general of Only Gay, a Senegalese support group for gay men, applauded the recent inclusion of gay men in a government HIV/AIDS panel but said this group faced discrimination in many spheres of society.
"Our struggle is about being visible and claiming our rights," he told Reuters on the sidelines of the meeting. "Many gays in Senegal are arrested ... and given unfair trials because what is judged is not their crime but their sexuality."