HIV/AIDS: Commonwealth Countries

Baroness Northover Excerpts

Wednesday 13th March 2013 Lords Chamber

[Baroness Northover]

My Lords, I, too, thank my noble friend Lord Black for introducing so effectively this important debate on the stigma and discrimination facing gay men and women in Commonwealth countries, and the additional stigma of HIV/AIDS. My noble friend Lord Black makes clear that the criminalisation of homosexuality in 42 Commonwealth countries can indeed lead to death, possibly not only of the person in question but of partners and children. We are reminded, both by him and the noble Baroness, Lady Gould, and others that the laws that criminalise are a colonial legacy. We heard a powerful account from my noble friend Lady Brinton about the situation in Zambia, where homosexuality is criminalised and where families and communities take severe measures to “cure” homosexuals of their apparent illness.

Homosexuality is criminalised and homosexuals suffer terrible discrimination. Those with HIV also suffer discrimination. As my noble friend Lord Lexden said, we have here two grave issues—and they can be literally grave. It is appalling that HIV-related stigma and discrimination in the family, community and workplace is still so widespread around the world and in the Commonwealth. Unless stigma and discrimination are addressed, as the noble Baroness, Lady Gould, and others said, we will not meet our global commitment to halt and reverse the spread of HIV. The noble Lord, Lord Collins, outlined the particular risk in the Caribbean and elsewhere. Our response cannot neglect these populations who are most marginalised and today I hope to highlight areas where the UK Government will do more.

Legal barriers create a climate of fear that prevents people accessing the prevention, treatment and care they need. In many countries, including many Commonwealth countries, rather than providing protection, as we have heard, the law—and the law of the street—dehumanises sex workers, men who have sex with men, people who use drugs, transgender people, prisoners and migrants. This drives these key populations underground and hinders their access to information and services, which in turn promotes risky behaviour that makes them even more vulnerable to HIV infection and fuels the epidemic further.

In defiance of international human rights standards, 78 countries, half of them in the Commonwealth, make same-sex sexual activity a criminal offence, as we have heard. When we have specific concerns about a Government's failure to protect their citizens’ rights—for example, through the persecution of lesbian, gay, bisexual and transgender people—we raise these directly at the highest levels of the Government concerned. My noble friend Lord Black asked whether the UK Government will make decriminalisation a stated policy commitment for the FCO and DfID. The UK’s LGBT action plan includes an international commitment to advocate changing discriminatory practices and laws that criminalise homosexuality and same-sex behaviour, and to work with international institutions to oppose the introduction of new anti-homosexual legislation. We work with our embassies and high commissions and through international organisations, including the UN, the Council of Europe and the Commonwealth, to promote tolerance and non-discrimination and to address discriminatory laws, in particular those that criminalise homosexuality.

We see the Commonwealth and its networks as a potentially valuable partner in protecting and promoting human rights globally. However, the rights of homosexual men and women remain a very difficult and controversial issue in the Commonwealth. Like the right reverend Prelate the Bishop of Newcastle and others, I am delighted with the positive outcomes from the Commonwealth Foreign Affairs Ministers’ meeting in New York last September, including agreement on the outstanding recommendations of the Eminent Persons Group, now reflected in the Commonwealth charter signed by Her Majesty the Queen on Monday on Commonwealth Day. This sets out the Commonwealth’s core values and aspirations, including that discriminatory laws that impede access to HIV treatment should be addressed. Protecting human rights is a core value of this unique organisation and endorsement of the charter reiterates its commitment to opposing all forms of discrimination on any grounds.

I will read certain elements of the Commonwealth charter. Various noble Lords have referred to this and quoted from it, but it is worth reading again, for the reasons that my noble friend Lord Lexden gave. In the section on human rights, it states:

“We are committed to equality and respect for the protection and promotion of civil, political, economic, social and cultural rights, including the right to development, for all without discrimination on any grounds as the foundations of peaceful, just and stable societies. We note that these rights are universal, indivisible, interdependent and interrelated and cannot be implemented selectively … We are implacably opposed to all forms of discrimination, whether rooted in gender, race, colour, creed, political belief or other grounds”.

If noble Lords read on, they will see under “Tolerance, respect and understanding” the emphasis on,

“the need to promote tolerance, respect, understanding, moderation”;

under “Separation of powers”,

“the promotion and protection of fundamental human rights”;

and under “Access to health”,

“emphasise the importance of promoting health and well-being in combating communicable and non-communicable diseases”.

It is worth emphasising those, because I urge noble Lords to take heart from these words. They are the words that citizens can use to hold their Governments to account; and for countries to hold other countries to account. As my noble friend Lord Lexden will know, international human rights may seem to make slow progress historically, but it is often through these statements that gradually things move forward.

My noble friend Lord Black asked why the Commonwealth Secretariat has not included LGBT rights, legal reform or HIV in its new strategy. The draft Commonwealth Secretariat’s draft strategic plan is quite high-level and does not go into much detail about proposed activities. It foresees a role in health, human rights and justice, which are all relevant here. We will continue to work with the secretariat and the foundation to see what more they could do in this important area. To address a question from the noble Lord, Lord Watson, we in the UK do not ourselves set the agenda for CHOGM, but we will continue to raise these issues in Commonwealth fora. It is extremely important that countries have signed up to the language that I have just cited.

I hardly need to draw noble Lords’ attention to the fact that policies, programmes and resources for HIV for key populations are grossly inadequate, despite the growing infection rates in the groups that we have talked about. For example, in 2009, only 18% of countries had established HIV prevention goals for reaching men who have sex with men.

That is why, in the Government’s position paper on HIV in the developing world, Towards Zero Infections, published in May 2011, we committed to build on our track record as a voice for a public health approach—as emphasised by the noble Lord, Lord Collins, and the noble Baroness, Lady Gould—to the key populations affected by HIV that respects human rights and addresses stigma and discrimination. The world must work much harder to empower those groups whose life circumstances place them at increased risk of HIV.

I could draw on many examples to demonstrate DfID’s support, which echoes the approach that we have taken in the Department of Health within the United Kingdom. I shall mention three. The Global Network of People Living with HIV has been conducting policy research in South Africa on the criminalisation of LGBT. The Global Forum for Men who Have Sex with Men is engaging in international policy dialogue to promote laws, regulations and policies that improve HIV prevention programmes for men who have sex with men. I hope that my noble friend Lord Black and others will be pleased that, last July, my right honourable friend the Minister of State for International Development, Alan Duncan, announced new resources for the Robert Carr fund to support global and regional networks to improve HIV responses reaching key populations, and this new funding is being disbursed.

My noble friend Lord Black asked whether the UK Government will consider introducing a specific funding mechanism for LGBT organisations working for legal or social reform in those countries. The UK funds a number of programmes in that area. For example, 21% of the networks that the Robert Carr fund, to which I just referred, is supporting involve work for legal or social reform in those countries, so that is being addressed. My noble friend Lady Brinton made the point that there are new ways of promoting equality, such as through social media. She is surely right about that; there are a number of ways to do that.

My noble friend Lord Lexden asked about the FCO rights toolkit. We are very pleased that NGOs feel that it is a world reference and that the United States has used it as a basis for developing its own toolkit, but we take his point that it is now somewhat dated. We plan to update it this year and will be happy to receive suggestions from anyone on how to strengthen it further.

The noble Lord, Lord Collins, asked about support for the global fund. The United Kingdom remains a strong and reliable supporter of the global fund. I am writing to my noble friend Lord Fowler with an update on the situation because, as the noble Lord will know, the global fund went through something of a difficult time, but the United Kingdom is on track to meet our £1 billion commitment to the fund by 2015. I am happy to copy the noble Lord into my letter to my noble friend Lord Fowler. We are working with others to ensure that there is successful replenishment.

It is clearly critical in all our support for local civil society organisations to empower those most at risk from HIV, so that they understand and can advocate for their rights, and to challenge HIV-related discrimination and criminalisation. Without grass-roots support to tackle legal barriers that hamper the HIV response, and without the ability to hold Governments to account, change will not be sustained. People living with or directly affected by HIV understand their needs better than anyone. Involving those communities is not just their right; it is essential to an effective response to the epidemic that their voices are heard in policy, decision-making and budgeting processes.

This has been a very important debate linking the terrible discrimination against homosexuals in many Commonwealth countries with the terrible discrimination against those who suffer HIV/AIDS. As the noble Lord, Lord Collins, the noble Baroness, Lady Gould, and others said, public health is assisted by promoting the rights of homosexuals, but it is right in itself, as others have said.

I assure noble Lords that we recognise those challenges and how important it is to support the rights of all, especially those who are the most vulnerable around the world.

House adjourned at 8.06 pm.