Is the Commonweath ready for an Aids-free generation?

Last week the European Parliament agreed on a new law to provide specific assistance and protection to people who suffer crime because of their sexual orientation, gender identity or, in a first for EU law, gender expression.

Can we expect the Commonwealth to adopt such a progressive approach on HIV and human rights issues? The annual meeting of the Commonwealth Foreign Ministers, coming up soon in New York, normally attracts attention for its economic and political agenda. But among the HIV/Aids community, populations vulnerable to the infection and human rights activists, concern is centered on the fate of certain recommendations relating to the Commonwealth’s legal reform process.

According to the International HIV/Aids Alliance, for whom I act as a Trustee, the 54 Commonwealth countries account for 30 per cent of the world’s population and for 60 per cent of global HIV prevalence which shows the disproportionate nature of risk factors present in these societies. Evidence has proved that much of the HIV-related transmission occurs among sex workers and their clients, men who have sex with men (MSM), the transgender community and people who inject drugs.

Evidence has also shown that without engaging with these populations with prevention and treatment services, new HIV infections will not be brought down. This is true too of hyper epidemic countries in Africa as a substantial share of new infections occurs among these vulnerable groups. Vulnerable populations do not exist in isolation but are intrinsically linked socially and sexually with the general population creating an epidemiological link between different sections of society.

While some Commonwealth countries have seen a steady decline in new infections in the past few years, it is not fast enough to turn the Aids epidemic around and stop its spread. Many will fail to achieve the Millennium Development Goal (MDG) six of halting and reversing the epidemic by 2015.

A serious obstacle for reducing infection rates among vulnerable communities is the adverse legal environment they face which criminalises their behaviour and makes them a target for harassment and violence at the hands of law enforcers in most Commonwealth countries. All but six of these countries still classify same sex conduct as illegal. Since the first UN General Assembly Special Session on Aids the international community and UN member states have repeatedly called for amendment of laws that criminalise the behaviour of vulnerable populations to protect their human rights and fundamental freedoms, in particular access to health care and legal protection. But very little progress on reform has been reported from many Commonwealth countries in the last decade.

The Global Commission on HIV and the Law recently presented incontrovertible evidence that criminalization enhances HIV-related risks among men who have sex with men and transgender populations in Commonwealth countries. In Commonwealth countries in the Caribbean, one in four MSM are infected with HIV while in non-Commonwealth countries the ratio is one to fifteen.

Section 377 stands for criminalization of same sex relations in most of the penal laws of Commonwealth countries of Asia. Transgender people are denied acknowledgement as legal persons and their gender is unrecognized. Acts of sexist violence are committed against them while police stand by. Sex work is criminalized in most of the Commonwealth countries despite compelling evidence that sex workers are 14 times more vulnerable to HIV than other women.  When it comes to drug policy, laws do not differentiate between a drug user and drug trafficker and the war on drug campaigns too often end up as a war on drug users.

The Commission has called upon governments to take immediate action to repeal or amend outdated legislations criminalizing HIV transmission and the behaviours of vulnerable populations. Police and law enforcement machinery must be reined in and asked to protect human rights and guarantee access to HIV-related prevention, treatment and care

The report received strong endorsement from the UN Secretary-General, the heads of UNDP and UNAIDS and many civil society organisations around the world who called for a time bound implementation of the Commission recommendations.

In this context, the upcoming meeting of the Commonwealth Foreign Ministers assumes great significance. Following the Perth meeting of the Heads of Governments of Commonwealth (CHOGM) countries last year, a Ministerial Task Force was asked to develop 44 recommendations and present them for approval. Some have great social relevance like the repeal of discriminatory laws that impede an effective response to the HIV epidemic and the establishment of a Commonwealth Commissioner for Democracy, the Rule of Law and Human Rights.

Whether these recommendations actually make their way into the discussions is another matter.  Civil society organisations and vulnerable communities within the Commonwealth are concerned that the Aids agenda risks being put on the back burner at a time when determined action by these countries could lead us towards an Aids-free generation.

There is still time for the Commonwealth to lead by example and take decisive action to address the legal and structural barriers currently impeding the global HIV response, thereby changing the course of the epidemic once and for all.

Prasada Rao is the UN Secretary General’s Special Envoy on Aids in the Asia Pacific region. He is former Permanent Secretary for Health and Family Welfare in Government of India and former Regional Director of UNAIDS in Asia and the Pacific. He is also a Trustee of the International HIV/Aids Alliance which works to support community action on HIV and AIDS in developing countries.

Sex workers chat to outreach workers at an outdoor café during a street shift in Kuala Lumpur, Malaysia. Photograph: International HIV/AIDS Alliance
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A loyalist rebranded: will Ségolène Royal run again to be the French President?

The French press is speculating about Ségolène Royal replacing François Hollande as the Socialist candidate.

“I will lead you to other victories!” Ségolène Royal told the crowds gathered in front of the French Socialist party’s headquarters on 6 May 2007.

Many at the time mocked her for making such an odd statement, just after losing to Nicolas Sarkozy in the presidential election. But nearly ten years on, she might just be the candidate the French left needs to win the upcoming presidential election.

There is growing speculation that the current President François Hollande – who was Royal’s partner for 30 years and the father of her four children – will not be in a position to run again. His approval ratings are so low that a defeat in next May’s election is almost inevitable. His own party is starting to turn against him and he can now only count on a handful of faithful supporters.

Royal is among them. In the past, she probably would have jumped at the opportunity to stand for election again, but she has learned from her mistakes. The 63-year-old has very cleverly rebranded herself as a wise, hard-working leader, while retaining the popular touch and strong-willed character which led to her previous successes.

Royal has an impressive political CV. She became an MP in 1988 and was on several occasions appointed to ministerial positions in the 1990s. In 2004, she was elected President of the Poitou-Charentes region in western France. In 2006, Royal won the Socialist party’s primary by a landslide ahead of the presidential election.

She went on to fight a tough campaign against Sarkozy, with little support from high-ranking members of her party. She ended up losing but was the first woman to ever go through to the second round of a French presidential election.

After that, it all went downhill. She split up with Hollande and lost the election to be party leader in 2008. She was humiliated by only getting 6.95 per cent of the votes in the 2011 Socialist presidential primary. She hit an all-time low when in 2012 she stood as the Socialist party’s official candidate to become MP for La Rochelle on the French west coast and lost to Olivier Falorni, a local candidate and Socialist party “dissident”. Royal then took a step back, away from the Parisian hustle and bustle. She continued to serve as the Poitou-Charentes regional President but kept largely out of the media eye.

Royal was very much the people’s candidate back in 2007. She drew her legitimacy from the primary result, which confirmed her huge popularity in opinion polls. She innovated by holding meetings where she would spend hours listening to people to build a collaborative manifesto: it was what she called participatory democracy. She shocked historical party figures by having La Marseillaise sung at campaign rallies and Tricolores flying; a tradition up until then reserved for right-wing rallies. She thought she would win the presidency because the people wanted her to, and did not take enough notice of those within her own party plotting her defeat.

Since then, Royal has cleverly rebranded herself – unlike Sarkozy, who has so far failed to convince the French he has changed.

When two years ago she was appointed environment minister, one of the highest-ranking cabinet positions, she kept her head down and worked hard to get an important bill on “energy transition” through Parliament. She can also be credited with the recent success of the Paris Climate Agreement.

Above all, she has been impeccably loyal to the President.

Royal has reinforced her political aura, by appearing at Hollande’s side for state occasions, to the extent that French press have even labelled her “the Vice-President”. This has given her a licence to openly contradict the Prime Minister Manuel Valls on various environmental issues, always cleverly placing herself on virtue’s side. In doing so, not only has she gained excellent approval ratings but she has pleased the Green party, a traditional ally for the Socialists that has recently turned its back on Hollande.

The hard work seems to have paid off. Last Sunday, Le Journal du Dimanche’s front-page story was on Royal and the hypothesis that she might stand if Hollande does not. She has dismissed the speculations, saying she found them amusing.

Whatever she is really thinking or planning, she has learned from past errors and knows that the French do not want leaders who appear to be primarily concerned with their own political fate. She warned last Sunday that, “for now, François Hollande is the candidate”. For now.

Philip Kyle is a French and English freelance journalist.