CAMPAIGN
UPDATE
Visit www.worldaidscampaign.org DECEMBER 2010 | VOLUME 5 | EDITION 1
World AIDS Day 2010: Rates of new HIV infections are slowing, but what now? SCORES OF CITIES AND COMMUNITIES ALL OVER THE WORLD
The UNAIDS report tells us that HIV related travel restrictions,
will dim the lights this December 1st to mark World AIDS Day as
criminalization of same sex relations, and antiquated drug policies
part of the Light for Rights campaign which focuses on human
are creating obstacles to universal access to HIV prevention,
rights, HIV and AIDS. Significant progress has been made in
treatment, care and support. A number of countries -including
advancing access to HIV prevention, treatment, support and care
the USA and China – have rolled back their HIV related travel
over the past ten years, but putting human rights approaches at
restrictions but similar restrictions continue in 51 countries.
the centre of the response is crucial to further progress. The 2010
79 countries and territories still criminalize same sex sexual
Global Update on the AIDS Epidemic by the Joint United Nations
relations, with a staggering six countries retaining the possibility of
Programme on HIV/AIDS (UNAIDS) shows that in 2009 the pace
applying the death penalty in such cases. More than 100 countries
of new infections had declined by almost 20% compared to 1999,
criminalize some aspect of sex work1.
but still outpaces treatment success by two to one. There are still
“Promoting universal access requires an emphasis on women and
major gaps in the implementation of human rights commitments
girls. HIV-related programmes addressing women and girls are still
at national and regional levels according to the report. For many
notably lacking in a great many countries.” commented Mabel Bianco,
people living with HIV – and the people most affected by it – human
President of FEIM and Coordinator of International Women’s AIDS Caucus
rights can help to guarantee access to health services, work, education and community participation. “Failure to protect the rights of sex workers, women, young
“People living with HIV have a right to the highest attainable standard of health,” says Rachel Ong, Chair of the Global Network of People Living with HIV (GNP+). “Guaranteeing this right and
people, people who use drugs or those in same sex relations
especially ensuring Universal Access to treatment, care, prevention
significantly hampers our efforts to meet public health goals,” says
and support for People living with HIV is a core component of any
Marcel van Soest, Executive Director of the World AIDS Campaign.
commitment in the response to HIV.”
“Where human rights are officially recognised as a priority and
“Prioritising the rights people need to avoid exposure to
protected, people living with HIV and key populations are accessing
infection, enabling people living with HIV to live with respect and
necessary treatment, prevention, support and care services”.
dignity and protecting the rights of those who are marginalized
“If young people see that HIV is stigmatised in their country
or vulnerable is really what we’re talking about when we mention
they are less likely to get tested, educate themselves about
human rights approaches,” says Allyson Leacock, chair of the
prevention or seek treatment,” says Reshma Pattni, Program
World AIDS Campaign’s Global Steering Committee, “raising rights
Director for the Global Youth Coalition on HIV/AIDS, “Though
awareness among key populations – such as women, youth, people
governments are making cuts for economic reasons, ensuring
who use drugs – is essential to the future of the HIV response.”
access to prevention, treatment, care and support services is important for a healthy young work force.”
When Did The Loss of Millions of Lives Stop Being News? ROYSTON MARTIN HEAD OF MEDIA AND COMMUNICATIONS WORLD AIDS CAMPAIGN
AFTER THE REPLENISHMENT CONFERENCE OF THE GLOBAL FUND
information dominated by climate
for Aids, TB and Malaria, donors pledged a huge-sounding $11.7
change and food security.
billion for 2011-2013. The trouble is that it is less even than the
At the conference close a UK
cheapest of three funding scenarios drawn in March, when the
newspaper carried the lines – “In New
word was that $13 billion was needed to keep the Fund’s existing
York, the party is over. After years
programmes going. For expansion, the Fund needed $17 billion or,
of being the envied darling of the
even better, $20 billion.
donors, the HIV/AIDS movement is
Civil society groups said the lack of scale-up would mean more
going to feel the reality of a shortage
than five million preventable deaths, affecting at least 3.1 million people
of funds. Last night, in spite of a starry, social-networking campaign
needing HIV treatment and more than 2.9 million needing TB treatment.
headed by Carla Bruni and backed by some of her highly-talented
Twenty years ago appalling numbers like that would stir governments and people into action – In New York at the Millennium Development Summit and the Replenishment Conference, the news barely caused a ripple in a tide of
artistic friends, the replenishment conference of the Global Fund to fight Aids, TB and Malaria brought in less cash than hoped.” If there was a key message that did not come across clearly enough in our campaigning, as witnessed by the lack of uptake by the wider media and public, it was an acknowledgement that
PHOTO CREDIT: REUTERS/PHILIPPE WOJAZER
achieving each of the health MDGs is closely dependent on the others. Unfortunately, HIV infection continues to remain a major barrier to the achievement of MDGs 4 and 5 on maternal health and child mortality in many low-income countries. Apart from adversely affecting progress on MDG 4 and 5, HIV also has a negative impact on the other MDGs. And it amplifies the severity and deaths due to malaria, and remains the single most important barrier to overcoming TB. We campaigners must now urgently examine how we keep HIV and AIDS on the global agenda. We must debate to what extent slick social networking campaigns and celebrity endorsements really help? Ask if we should be pushing for much greater spending on advocacy and media literacy skills building for those living with and most affected by HIV? And can the sector afford to go it alone AIDS action groups activists hold placards as they demonstrate in front the National Assembly in Paris September 20, 2010 to protest against the possible fall of the funds given to fight AIDS. The placards read “AIDS, give more to treat more”, “40 billion for banks and not even 1.8 for AIDS”.
CAMPAIGN UPDATE - DECEMBER 2010
to the extent it has?
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Light for Rights - World AIDS Day 2010 JOIN PEOPLE FROM AROUND THE WORLD IN “SHINING THE LIGHT ON HIV AND HUMAN RIGHTS” ON WORLD AIDS DAY 2010.
MARK WORLD AIDS DAY 2010 by keeping the light on HIV and
How do I get involved in Light for Rights?
human rights -- join the Light For Rights campaign. The Light For
There are many ways you can be involved. You can organise a
Rights campaign strives to underscore this year’s focus on HIV
Light for Rights event, include a Light for Rights element into your
and human rights by encouraging people in cities around the world
existing World AIDS Day plans, or attend an event happening in
to dim the lights on key landmarks to remember the devastating
your area or online. Visit the World AIDS Campaign website www.
effect AIDS has had on us all, and to turn back on the lights to
worldaidscampaign.org for the Light for Rights Toolkit.
illuminate the fundamental rights we all share. Download the Light for Rights toolkit to learn how you can host
Other resources on www.worldaidscampaign.org to help you prepare for World AIDS Day 2010
an event in solidarity with campaigners in cities across the globe.
• Posters to download: This year we will again be offering the “I
Light for Rights posters are also available now to download from
am living my rights” posters and postcards to download in over 10
the World AIDS Campaign website.
languages.
Visit:
• World AIDS Day International Events Calendar: Join the hundreds
www.worldaidscampaign.org
of campaigners from around the world each year that post their
www.lightforrights.org
World AIDS Campaign events on our International Calendar! • And much more! Please continue to check back for updates and visit our World AIDS Day section for more information. Join us! Be a part of the international count down to World AIDS Day 2010. To keep up with the latest news and actions, you can sign up for our e-action alerts or friend us on Facebook
CAMPAIGN UPDATE - DECEMBER 2010
3
The end game: Why The Global Commission on HIV and the Law is both timely and necessary TIM BARNETT – GLOBAL PROGRAMMES MANAGER WORLD AIDS CAMPAIGN.
I am writing this having just completed a presentation to country-
on HIV and the Law is just what the name suggests. Its ambition
based staff of United Nations agencies from around Eastern and
and operation will be global, and it will be inviting submissions
Southern Africa in Johannesburg. They were keen to hear about
from civil society groups in every corner of the globe. It is centred
the process of how laws change, especially laws on the tough HIV-
on a Commission of leaders with political, legal, research and
related issues that World AIDS Campaign quite properly pushes.
civil society backgrounds and a burning desire to change the
Two things struck me from the experience of that meeting. It takes
world for the better, and to base such changes on evidence. A
superhuman effort to imagine a profoundly different world when
Technical Advisory Group, comprised of human rights law experts
one faces intense pressure just organizing a meeting without
and some key civil society leaders, advises the commission. It
inviting the attention of prying government officials, or when
is serviced by the HIV and AIDS Group in the UNDP’s Bureau for
funding is minimal and the people targeted by stigma and poorly
Development Policy, and at its core is intended as a catalyst for
made laws are effectively in hiding. And, secondly, the Western
improved country-level performance in addressing common and
model of patient and layered campaigning, focusing down to
chronic failings in key areas of HIV prevention, treatment, care and
advocacy and eventually to more intense political lobbying is just
support. The Commission is about creating model law and policy.
not relevant in much of Africa. The end game – when the law we
The World AIDS Campaign has been working with UNDP to help
want finally goes through – is likely to be hard and complicated.
develop the concept of the Commission and develop material. It
And, of course, that would really only be just the first chapter of
was launched in June, and prepares for its first meeting in October.
many, since the effective implementation of great laws has been
Clearly our interest is in civil society informing and driving the
elusive and patchwork; for example, the gender-based violence
Commission, in its end 2011 report being a mandate for change,
laws of South Africa.
and the basis of a manifesto for campaign, advocacy and lobby
Such is the backdrop for a new and potent initiative from the
work in whatever style suits the particular issue and the specific
United Nations Development Programme - working with the rest of
country concerned. World AIDS Campaign is acting as an observer
the UN family of agencies which make up the Join United Nations
on the Technical Advisory Group, which has been moulding draft
Programme on HIV and AIDS (UNAIDS). The Global Commission
Terms of Reference for the Commission. To date the decisions have been to be inclusive rather than exclusive. For example, the
PHOTO CREDIT: HUGO DE C
issue of treatment access has been identified as a specific area of focus, as has violence and discrimination against women. The third area is criminalization. Additional concerns raised in a civil society consultation coordinated by WAC include the suppression of HIV civil society in many parts of the world, and issues around border controls on PLHIV. The Commission will make final decisions on its priority issues at its first meeting in Latin America in early October. The Commission will then be ready to issue an open invitation
for submissions. In the first half of 2011 a series of regional policy forums will be held, featuring a range of submissions from that region, produced by civil society, governments, leaders and agencies. The World AIDS Campaign will focus on supporting civil
CAMPAIGN UPDATE - DECEMBER 2010
4
Participants at the civil society forum society to prepare and deliver submissions, and on working with regional UN staff to ensure that safety and security issues are factored in. That role will be clarified through 2010. It is undoubtedly true that a Commission is only as good as its end game. The end of this Commission does not come when it produces its report. It comes when a movement for law reform grows, empowered by that report; and when laws, policies, practices and programmes start to reflect the needs of currently beleaguered communities. A model often quoted in this regard is the Commission on Drugs in Latin America, which reported in 2009 and which seems to have had a significant catalyzing effect on laws in that region. Links between Commissioners and countries which subsequently embarked on law reform, civil society confidence in the process and fortunate timing of the whole initiative (coinciding with sustained questioning of the wisdom and impact of the “War on Drugs”, and a yearning for fresh thinking in the area) seem to have been key contributing factors. As you can see, this really is a case of “watch this space”. If you or your agency wants to register interest in the Commission to be on future mailing lists etc, or have questions or requests about anything mentioned above, please contact Tim Barnett at gchl@worldaidscampaign.org
CAMPAIGN UPDATE - DECEMBER 2010
5
Progress on the Millennium Development Goals WE ASKED COLLEAGUES, EXPERTS AND FRIENDS FOR THEIR TAKE ON PROGRESS ACHIEVED TOWARDS REALISING THE MILLENNIUM DEVELOPMENT GOALS (MDG) AND THE RELEVANCE OF THE OTHER SEVEN GOALS TO MDG 6 ON COMBATING HIV AND AIDS, MALARIA AND OTHER DISEASES.
SARA SIMON ON MDG 1 – END POVERTY AND HUNGER
resource-poor settings where preventative health care is not widely
Sara Simon is Programme Manager of the Communications
available. Health, food security and livelihoods are intertwined:
Facility in support of the NGO Delegation to the Programme
those without income cannot pay for transportation costs to clinics
Coordinating Board of UNAIDS
for treatment, medical fees or medicines. HIV and AIDS increase vulnerability to food and income insecurity by preventing income
Decreasing poverty and hunger are essential to HIV prevention,
earners from working and from supporting their dependents;
treatment care and support.
forcing families to use household assets to cope with the effects
We as campaigners understand how HIV and AIDS can exacerbate food and nutritional insecurity and threaten livelihoods, but we must also be able to explain how food and income
of HIV/AIDS; and reducing general agriculture production in predominately agricultural economies. An HIV response requires stable livelihoods and food security, just as an end to AIDS will support greater livelihood opportunities
and undermine care and support.
and therefore greater food security.
PHOTO CREDIT: REUTERS/PHILIPPE WOJAZER
insecurity can hasten HIV and AIDS, prevent effective treatment
People who do not have access to adequate food and income, especially women and girls, are more vulnerable to exposure to HIV infection by being forced into high-risk situations. Malnourished bodies are less resistant to opportunistic infections, particularly in
CAMPAIGN UPDATE - DECEMBER 2010
Slovak Roma residents are seen in front of their makeshift huts in the village of Strane pod Tatrami, near the town of Kezmarok, east of central Slovakia September 20, 2010. The term ‘Roma’ refers to various groups of people who describe themselves as Roma, Gypsies, Travellers, Manouches, Ashkali, Sinti, and other titles. They have been migrating across Europe for centuries and now form the biggest ethnic minority in the European Union.
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Millennium Development Goals Header
JULIE KAVANAGH ON MDG 2 – UNIVERSAL EDUCATION
CLAUDIA AHUMADA ON MDG 3 – GENDER EQUALITY
Julie Kavanagh works for the EFAIDS Programme of
Claudia Ahumada is the Constituencies Programme Manager
Education International
with the World AIDS Campaign
Achieving universal primary education, the aim of Goal 2, is central
Goal 3 of the MDGs sets out to “promote gender equality and
to the fulfillment of the Millennium Development Goals. The MDGs
empower women.” While all MDGs are interconnected, the
by their very nature are interlinked, but it is arguably against the
achievement of gender equality and the empowerment of women is
success or failure of this commitment to guarantee Education for
particularly crucial to meaningfully fulfilling each of the goals. Both
All (EFA) that the other pledges will rise or fall. Overcoming poverty
the progress and challenges in reaching universal access to HIV
and hunger, promoting sustainable and ecological development will
prevention, treatment, care and support have shown us that where
not happen in spite of education but because of it. This integral link
gender equality is not at the forefront of our efforts, we will fail.
between education and the ‘rest’ led Education International (EI) to
Without the full respect of women’s rights, universal access will
establish the EFAIDS Programme, making tangible the connection
remain an unfulfilled promise.
between achieving EFA and overcoming HIV and AIDS. The impact of the EFAIDS Programme over the last 4 years and
Women comprise 50% of people living with HIV worldwide, a figure that ascends to 60% in sub-Saharan Africa, and young girls
EI’s long-standing work on HIV education in schools, highlights that
are typically most vulnerable. A meaningful response to HIV, as well
education is a primary influence in helping to prevent HIV, to support
as to reaching goal 3 of the MDGs, must address and be prepared to
those living with HIV and AIDS and to share life-saving knowledge
respond to harmful gender norms, violence against women and girls,
and skills with their families and communities. If information
gender barriers in accessing services, the care giving burden which
is power, then education is a social ‘vaccine’ to HIV and AIDS.
tends to be carried by women, barriers in access to education and
Education leading to awareness and resulting in behaviour change is
employment, and the need for economic empowerment.
our best solution to reversing the impact wrought by HIV and AIDS, especially in the most vulnerable populations where HIV prevalence is compounded by a variety of socio-economic problems.
CAMPAIGN UPDATE - DECEMBER 2010
7
Bettina Schunter is the HIV and AIDS Project Officer with UNICEF in Pakistan
Inmates wait with their children at a child care centre inside Santa Monica female prison in Lima September 17, 2010. Justice Minister Fernandez visited the women’s prison in Lima to take a look at inmates’ living conditions, where about fifty children are living with their incarcerated mothers. The children of inmates are permitted to stay with their mothers until they are three years of age.
The Millennium Development Goal (MDG) 4 seeks to reduce under five mortality. The global under five mortality rate fell from 90 deaths per 1,000 live births in 1990 to 65 in 2008. In 2008, around 45% of pregnant women living with HIV in low and middle-income countries received ARV regimens to prevent HIV transmission to their infants, compared with 24% in 2006. However, sub-Saharan Africa and South Asia are lagging behind, regions with the highest number of HIV cases. Under five routine services can help to mitigate the impact of HIV. Although only 3% of under five deaths are attributable directly to HIV, HIV often goes undiagnosed, while diarrhoea and pneumonia, leading causes of death amongst children under five are both associated opportunistic diseases of HIV, especially in children. Many children born to HIV positive women are either undiagnosed or follow-up treatment is unsuccessful. In South Africa 75% of HIV-exposed infants are lost to follow-up from clinics providing services for prevention of mother to child transmission by six months without early infant diagnosis (EID). EID can be linked to routine immunization at six weeks or Mother and Child Health Days. In countries like Botswana and Pakistan, health days are an opportunity to counsel and test mothers and test children under five.
CAMPAIGN UPDATE - DECEMBER 2010
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PHOTO CREDIT: REUTERS/MARIANA BAZO
BETTINA SCHUNTER ON MDG 4 – CHILD HEALTH
MARIA DE BRUYN ON MDG 5 - MATERNAL HEALTH
Maria de Bruyn is a Senior Policy Advisor with Ipas
Reducing maternal mortality is not only an essential step towards fulfilling the right of women living with HIV to health (MDG6), but will also help reduce infant and child deaths (MDG4),
HIV and maternal mortality are the leading causes of global deaths among women of reproductive age [1] and many women living
since childhood mortality is increased when mothers die. Ensuring universal access to reproductive health enables us to
with HIV face both these risks. Increasing numbers of women may
focus on needs throughout the life-cycle, from puberty to the post-
be receiving antiretroviral drugs to control their HIV infection, but
menopausal period, such as women’s empowerment and equality
if sufficient measures are not undertaken to reduce the leading
(MDG3); access to modern contraceptives, including emergency
causes of maternal morbidity and mortality – hemorrhage, sepsis,
contraception; making safe abortion care available to women
eclampsia, unsafe abortion, and obstructed labor– women will
with unwanted pregnancies; ensuring HPV vaccination availability
continue to suffer ill health and die.
for young people; promoting access to screening and treatment
MDG 5 on improving maternal health is therefore of direct relevance
for cervical, breast, prostate and testicular cancers; addressing
to those working in the field of HIV and AIDS. Its targets of reducing
the needs of survivors of sexual and gender-based violence; and
maternal mortality and ensuring universal access to reproductive health
making comprehensive sexuality education available to all.
are important for both women and men, but this MDG is currently
Combined advocacy by those working on MDGs 5 and 6
furthest from being realized. Yet effective interventions to achieve it will
can also promote linkages between reproductive health and HIV
simultaneously contribute to MDGs 3, 4, 6 and 8.
services, and contribute to effective partnerships (MDG8) that can
Reducing maternal mortality is an essential step towards
benefit a country’s entire population.
fulfilling the right of women living with HIV to health (MDG6). It also will contribute to reducing infant and child deaths (MDG4), since
REFERENCES
childhood mortality is increased when mothers die [2, 3].
1. Quarraisha Abdool-Karim, Carla Abou Zahr, Karl Dehne, Viviana
Ensuring universal access to reproductive health focuses on women – and men – as individuals with active sexual lives and varied reproductive health needs, and not only as future parents. Work on this target enables us to focus on issues such as women’s empowerment and equality (MDG3); access to modern contraceptives other than female and male condoms, including emergency contraception; making safe abortion care available to women living with HIV (and other women) who face unwanted pregnancies; ensuring that young people can be vaccinated for
Mangiaterra, Jack Moodley, Nigel Rollins, Lale Say, Nathan Schaffer, James E Rosen, Isabelle de Zoysa. 5 June 2010. HIV and maternal mortality: turning the tide. The Lancet, 375: 1948-1949 2. Hussain R. Yusuf and Hani K. Atrash. 5 June 2010. Parents’ death and survival of their children. The Lancet, 375: 1944-1946 3. The right to health. Fact sheet 31. Geneva, Office of the High Commissioner on Human Rights and World Health Organization 4. Report back. Bridging the gap: addressing contentious and neglected issues at the intersection of SRHR and HIV. Report on Phase I, April 2009. Cape Town, ATHENA Network and AIDS Legal Network
HPV; promoting access to screening and treatment for cervical, breast, prostate and testicular cancers; addressing the needs of survivors of sexual and gender-based violence; and making comprehensive sexuality education available to all young people (and adults who may also need it!). This target allows us to address needs throughout the reproductive life-cycle. When the Women’s Coalition in Swaziland investigated cervical cancer screening, they found that only US$7,500 had been allocated for this in the government’s budget [4]. Improvements in such situations can be better addressed through combined advocacy by those working on reproductive health and HIV/AIDS activists. Joining forces to address MDG5 can promote attention to these health needs, promote linkages between reproductive health and HIV services, and contribute to effective partnerships (MDG8) that can benefit a country’s entire population. MDG5’s targets of reducing maternal mortality and ensuring universal access to reproductive health are currently furthest from being realized. Yet effective interventions to achieve them will also contribute to MDGs 3, 4, 6 and 8.
CAMPAIGN UPDATE - DECEMBER 2010
An Afghan woman takes care of her newborn baby at Kabul’s only maternity ward November 27, 2002 where around 80 babies are born daily. One of four babies die after birth in Afghanistan UNICEF officials said, and a recent study of the United Nations has confirmed the country’s status as a world leader in maternal mortality.
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SAM MEYLER ON MDG 7 – ENVIRONMENTAL
TIM BARNETT ON MDG8 – GLOBAL PARTNERSHIP
SUSTAINABILITY
Tim Barnett is the Global Programmes Manager with the
Sam Meyler works with the Fundação Calouste Gulbenkian
World AIDS Campaign
Sadly, much of MDG 7 is off-track and the current outlook is not
MGD 8 calls for the creation of a global partnership for
positive. Deforestation continues at an alarming rate, and the 2010
development. The concept cuts across sectoral and national
target for biodiversity conservation – a critical target considering
boundaries, and in many ways the HIV response has modeled such
the rapidly growing number of species facing extinction – was
an approach in a style and with an intensity that could usefully
missed. Greenhouse gas emissions have risen significantly, with no
be applied to other challenges. Governments have supported
solution to the political stalemate currently at hand. Although some
the creation of joint funding mechanisms; major foundations
improvements have been seen, most notably an increase in the
have placed HIV at the heart of their work in partnership with
percentage of protected terrestrial/marine areas and in the access
governments, civil society and the private sector; under pressure,
to safe drinking water globally (target 7.6 and 7.8 respectively),
drug companies have cooperated to improve drug access in
MDG 7 needs significant and urgent attention.
developing countries. Civil society in all its complexity has focused
In many ways the success or failure of MDG 7 underpins many
on government delivery of HIV prevention, treatment, care and
of the principal objectives outlined in the millennium development
support; while also being a major service provider in many regions.
goals, including the response to HIV and AIDS. Ultimately, success
The business sector has been politicized in its engagement in
in environmental sustainability is essential for long-term poverty
these intense debates. Meanwhile civil society in affluent nations
reduction, a prevalent factor in the spread of the transmission of
has been focused on raising funds and awareness. Of course the
HIV. The effects of climate change threaten the progress of all
weaknesses have shown through the lack of democratic space and
the MDGs. We as campaigners must be aware that the success of
intolerance of lobby activity in many countries, and the inability of
many of the MDGs are interlinked, and furthermore rely directly or
more affluent nations to give sufficient focus and funds to HIV for
indirectly on the natural environment. Failures in MDG 7 have the
long enough to achieve long-lasting results.
potential to negatively impact previously achieved gains and future successes, such as the response to HIV and AIDS.
CAMPAIGN UPDATE - DECEMBER 2010
10
PHOTO CREDIT: REUTERS/ERIC THAYER
TIM BARNETT – SEX WORK AND DECRIMINALIZATION
I am a former Member of Parliament in New Zealand and
United Nations Secretary General Ban Ki-Moon speaks during the Millennium Development Goals Summit at the U.N. headquarters in New York, September 22, 2010.
now, as a resident of South Africa, I am working at the World AIDS Campaign, a global NGO with its main office in Cape
work in 2003 has shown. And there is every imperative for South
Town. I write from both perspectives.
Africa to take a similar course. As the South African Parliament starts debating strengthened (and very welcome) laws against
Before the Soccer World Cup, many people were shocked by
trafficking, one could well argue that they are starting in the wrong
claims that up to 100 000 people would be trafficked into South
place. Their attention should first be focused on taking sex work out
Africa for sex work. Yet recently, the SA Police Service reported to
of the legal shadows and ensuring the human rights of sex workers.
Parliament that they did not find even one trafficked person during
Sex work is an inevitability in a non-totalitarian society. It
that period. The trafficking scaremongers explain this dramatic
responds to a demand for emotional and physical contact that we
discrepancy by stating that it is the result of efficient and effective
simply do not know enough about. Elements include dysfunctional
policing. Such fantastical lines of argument are common when
relationships, sexual likes and fears, the emotional and physical
people are defending the indefensible, and when they are avoiding
needs of people with mental and physical disabilities, and demand
the big issue. That big issue is that South Africa sustains a cruel
generated by tourism and the hosting of international events. Most
and inhuman law criminalizing sex workers and their clients, a law
countries, including South Africa, have completely ineffective laws
which helps to hide trafficking for sex work by ensuring that sex
designed to rid society of sex work. Instead, such law generates
workers have every reason to fear the police and no incentive to
deep hypocrisy since it is unenforceable, gives police a level of
pass information on to them. Compounding that, the current laws
discretion which invites a corrupt relationship to form between them,
around sex work are just about as bad as they could be from the
sex workers and sex industry bosses; there are many stories of that
viewpoints of public health, HIV, human rights, utilization of police
in South Africa. Groups of women who generally come from the
resources and gender equality. It is literally a license for the abuse
socio-economic edges of society, people with few realistic economic
and maltreatment of sex workers. There are infinitely better ways
choices, are criminalized for activity that has no victim and is
of organizing such laws, as New Zealand’s decriminalization of sex
between consenting adults. It is poor women who face the brunt
CAMPAIGN UPDATE - DECEMBER 2010
11
of the police and the law. The fact that evidence of sex-for-reward
“The police, sometimes they take you in the van if you don’t have
transactions is virtually impossible to collect means that most sex
money, they lock you up. If you’ve got money they ask you for R 50
workers are arrested under municipal by-laws, which are even more
bail and then you can go. And then they will follow you and arrest
open to abuse of police power. Recent research among Cape Town
you again. And you have to pay R 50 again and then they let you go.
sex workers generated the following stories, three of many:
So it’s like you are working for them”. And of course abusive law validates abusive attitudes to sex
“(The police) steal your money when they lock you up. You have R
workers by the general public – the apartheid mindset. Extraordinary
150 when you hand in your bag to them. They write it on the paper,
when we now live under an iconic constitution which guarantees
but when you get your bag from them there is only R 20. When you
equality before the law, gender equity and the right to work, and is
show them the paper they say they didn’t touch your bag”
explicit about safeguarding everyone’s dignity and freedom.
“A couple of weeks ago I lost a good client… They [the police] were
extent in most countries worldwide. Some, notably in Europe and
watching me from a distance and just pounced on me right in this
Australasia, have had the sense to look beyond the rhetoric, creating
road as I was going to a place where I had rented a room. They
law and policy encouraging police respect for the humanity of sex
searched the car, started driving to the police station. ….. The
workers. That increases the chance that they can move on to safer
one cop drove with the guy in his [the client’s] car and I drove with
and more productive occupations. In New Zealand we discussed law
his partner [the other police officer] in the back. The client drove
reform for a generation and in Parliament we debated it for nearly
straight into X Street instead of going left into the police station.
three years, informed by numerous public submissions from every
…. We were sitting in the car waiting from a distance, but I could
corner of society and encouraged by public opinion which, while
still see the guy [client] taking out something from his pockets …
divided, had a modest majority in favour of reform. A number of sex
money…a very quick movement but I caught it. It’s obvious the guy
workers spoke in private to the Parliamentary Committee given the
gave him [police officer] money … ”
job of consulting on the Bill, telling searing stories of the impact of
The situation described above exists to a greater or lesser
being labeled as criminals by the law, of being harassed by police and of the exploitation by employers and clients who knew that the PHOTO CREDIT: REUTERS/DANIEL MUNOZ
sex worker had little chance of being respected or believed by the justice system. This is echoed daily by sex workers in Cape Town and Hillbrow. New Zealand eventually agreed to decriminalize sex work, meaning that it is now accepted as a valid occupation, with the law focussing on the genuine harms and abuses associated with sex work – such as exploitation of younger sex workers, coercion into and to remain in sex work, clients seeking unsafe sex, and even offensive brothel signage – were strengthened, with increased penalties. The effect of that decriminalisation is that, uniquely in New Zealand, all consensual sexual contact between two adults in private is legal. As simple as that. Any other arrangement of the law around sex work – be it criminalization of the sex worker and/or the client, legalization of sex work, or something in between - leaves some consensual money-based arrangements between sex worker and client outside the law, with the sex worker having no legal protection. And they are the contacts most likely to be non-consensual, violent, abusive and chronically unsafe. A five-year review was built into New Zealand’s Prostitution Reform Act, informed by extensive research into the changed experiences of sex workers under the new legal environment. The results are up on the New Zealand Government website, www. A sex worker walks next to a bag of condoms during International Whores Day in central Sydney, June 2, 2009. Sex workers across Sydney convened at the New South Wales government house to demand anti-discrimination laws as a means of protection.
CAMPAIGN UPDATE - DECEMBER 2010
justice.govt.nz Numbers did not increase, there was no evidence of increased trafficking, and relationships between police and sex workers were significantly improved. The law gave sex workers
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for example, there have been convictions of clients for removing condoms during sex, and of brothel owners for employing sex workers aged under 18. Those under-age sex workers are protected from prosecution; it is their clients who are breaking
A car pulls up in front of prostitutes waiting for clients on a street in the outskirts of Moscow April 25, 2009. It may seem a typically Russian view of the economic crisis -- selling and paying for sex makes up much of Moscow’s notorious nightlife, and some “night butterflies” say they are slashing their prices to compete. But they add a new kind of customer has emerged who wants emotional support, not sex. Picture taken April 25, 2009.
the law. Given the much higher HIV rates here in South Africa, the
Many voters, especially women and younger people, expressed
public health benefits are likely to be that much greater.
their excitement that politics could produce principled and
Of course South Africa must, and will, work out its own
liberating law that was a winner for everyone involved (except,
solutions for its own challenges. But the fundamentals – that sex
of course, those who benefited from the abuse inherent to
work law must put common sense above attempts to moralise
criminalization). That was an unusual and positive experience in
through the statute book, that the law should focus on enforceable
what can be the very frustrating and thankless occupation of public
solutions to real and not imagined harms, and that women are
elected representation.
grossly disadvantaged by these laws – are true globally. The
After fourteen years of involvement with this issue, I am
people and agencies most directly affected – organizations of sex
convinced that getting the right law in what is undoubtedly an
workers, the South African National AIDS Council and human rights
area of awkwardness, conflict and human frailty is a noble and
groups – support decriminalisation as the only option that respects
important cause; that the current law creates no useful benefit and
the fundamental rights of sex workers. It seems extraordinary that
a multitude of harms. Justice demands that South Africa must deal
sex workers in the new South Africa still have to struggle under
with this unfinished business.
apartheid-era laws, and that their plight has barely been touched on in Parliament for generations. Certainly my Parliamentary experience in New Zealand was that my political colleagues did not thank me for raising the issue, but also that the debate massively raised their understanding of the complexities of sex work and increased their confidence to debate it without embarrassment.
CAMPAIGN UPDATE - DECEMBER 2010
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PHOTO CREDIT: REUTERS/THOMAS PETER
full rights as employees, and they have been utilizing those rights;