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
Ellie Foreman-Peck
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Martin Schulz: could this man bring an end to the reign of Angela Merkel?

The German Eurocrat is the biggest threat to the possibility of a fourth term for Merkel. 

At first sight, Martin Schulz looks like an unlikely political saviour. Thin of hair and thick of waist, the 61-year-old was a member of the European Parliament for 23 years and its president for five. In an anti-establishment age, it was predicted that Schulz would struggle when he became the Social Democratic Party’s (SPD) candidate to replace Angela Merkel as the German chancellor in January. Instead, he is spearheading a remarkable revival in his tribe’s fortunes. On 19 February, for the first time in a decade, the SPD polled above Merkel’s Christian Democrats (CDU), attracting 33 per cent to their 32 per cent. The SPD vote share has increased by 12 points in a month. The cause is clear: “Martin mania”.

For months, it was assumed that Merkel would secure a fourth term as chancellor in September’s federal election. The SPD, the grandfather of European social democracy and Germany’s oldest party (it was founded in 1863), had polled as low as 19 per cent. After forming a grand coalition with the CDU in 2013, Schulz’s party was marginalised as Merkel claimed credit for policies such as the country’s first minimum wage. Voters defected to the far-left Die Linke and the far-right Alternative für Deutschland. The SPD’s future looked to be one of managed decline.

Sigmar Gabriel, the party’s leader since 2009, stood little chance of supplanting Merkel as chancellor. As a result, like François Hollande, he reached for the pearl-handled revolver: he announced his intention to step aside on 24 January after internal SPD polling showed that Schulz would perform significantly better against Merkel. “It was not an easy decision but I’m convinced it was the right decision,” Gabriel told reporters. His judgement was vindicated as public polls gave Schulz an 11-point lead over Merkel (49-38).

The German chancellor’s apparent unassailability owed less to her strength than to her opponents’ weakness. Eleven years after she entered office, voters had grown weary of Merkel’s leadership but saw no viable alternative. In Schulz, they have found one. Having been engaged at EU level and held no domestic office since standing down after 11 years as mayor of the north-western market town Würselen in 1998, Schulz has been embraced by voters as a relative outsider.

Unlike his SPD colleagues, Schulz can criticise the CDU’s record without appearing hypocritical or feeble. He has attracted voters with a centre-left emphasis on redistribution and social justice. “When people see that their taxes are used to give their children a future, they buy into it,” Schulz has said in interviews.

The European Parliament has been a useful platform for his pugnacious style. He is best known for being compared to a concentration camp guard by Silvio Berlusconi in 2003 and for his interjection in 2010 after Nigel Farage branded the then EU president, Herman Van Rompuy, a “damp rag”. Schulz retorted: “It’s not right that this man should be able to trample over the dignity of this house!”

Voters have warmed to Schulz’s personal story as well as his political history. He was born on 20 December 1955 in the village of Hehlrath, North-Rhine Westphalia, to a policeman father and a homemaker mother (he is the youngest of five). Rather than going to university, he trained as a bookseller and was a promising footballer. Two severe knee injuries ended his playing career at the age of 18 and he sought refuge in alcohol after falling into depression. Having contemplated suicide, he recovered to open a bookshop in his home town (which he ran until he became an MEP in 1994) and has been teetotal since 1980.

Schulz educated himself by devouring historical fiction (his favourite writers are John Steinbeck and Giuseppe Tomasi di Lampedusa) and retains the restlessness of an autodidact (he often works 18-hour days). His bonhomie and blunt manner appeal to voters who regard Merkel as aloof.

That Schulz has come to the SPD’s rescue is unsurprising. He joined the party at the age of 19 and became the youngest mayor in North-Rhine Westphalia when he was elected in Würselen at 31. After more than two decades serving the EU, the attractions of a return to domestic politics were obvious. “People must look into your eyes and see that you are a bloody streetfighter,” he remarked in 2013, as he presciently dismissed Ed Miliband’s electoral chances.

Schulz has disoriented the Christian Democrats, who failed to anticipate a centre-left renaissance. In a mark of how much he has unsettled them, the German finance minister, Wolfgang Schäuble, has denounced him as a Trump-like populist for his slogan “Make Europe great again”. Were Schulz to replace Merkel and Emmanuel Macron to be elected French president, the pair would unite in seeking to impose punitive Brexit terms on the UK.

For Germany’s Social Democrats, the fear is that Schulz’s surge has come too soon – voters could swing back to Merkel and the CDU before polling day. But after years as an emblem of centre-left malaise, the SPD has momentum. Schulz is determined to prove that there are second acts in political lives. 

George Eaton is political editor of the New Statesman.

This article first appeared in the 24 February 2017 issue of the New Statesman, The world after Brexit