SADC Must Be a Tool to Deliver Gender Equality in Order to End AIDS by 2030

Written by Owen Greene

‘To end AIDS, we need to end the intersecting injustices that drive new HIV infections and prevent people from accessing services,’ said Amina J. Mohammed, serving Deputy Secretary-General of the United Nations during the United Nations General Assembly High-Level Meeting on AIDS in 2021. The Political Declaration on HIV and AIDS: Ending Inequalities and Getting on Track to End AIDS by 2030 is an ambitious objective in a time in need of radical action. In this endeavour, the SADC Protocol on Gender and Development is critical because only through gender equality can holistic solutions to the underlying causes of the rates of HIV/AIDS be provided.

The UNAIDS 2022 Report makes clear that while progress in the Southern African region has been substantial, the region remains the world’s most heavily affected by HIV. It is estimated that 20 million people, 50% of all people living with HIV live here while new statistics indicate a furthering gender inequity in emerging trends. Furthermore, studies for decades now have highlighted the link between HIV and sexual-based gender violence. UNICEF in 2003 noted a ‘clear link between HIV/AIDS and gender-based violence (GBV), and… recognised the vulnerability of women to HIV/AIDS in relation to violence.’

It is recognised by member states that one of the greatest challenges facing the Southern African Development Community (SADC) is the adverse impact of the HIV and AIDS epidemic on social, health, and economic development. Article 27 of the Protocol on Gender and Development is dedicated to this reality, compelling member states to “develop gender-sensitive strategies to prevent new infections” and to “ensure universal access to HIV and AIDS treatment for infected women, men, girls and boys.” This embeds the response to the epidemic as one to be viewed through a broad gender lens. But in order to deliver on this we must see political commitment, structural support, and civil society engagement focused on the Protocol on Gender and Development as a means to enshrine gender equality as a practical necessity to address the prevalence of AIDS.

The continued development of the SADC HIV and AIDS Strategic Framework demonstrates the scope for regional cooperation on this topic. The Gender Unit of SADC has had a positive impact developing a Gender Mainstreaming Toolkit as well as a Gender Workplace Policy, which have been adopted by the Ministers responsible for Gender and Women’s Affairs in the Member States. Successive SADC Gender Protocol Barometer reports by The Southern African Gender Protocol Alliance have been critical of the Gender Unit’s lack of follow-through mechanisms, failure of national policies to deliver on the Gender Unit’s work, and the absence of focus on local government and community initiatives. That said, a recent symposium[1] conveyed by Africa Legal Aid (AFLA) and the Centre for the Study of Violence and Reconciliation (CSVR) on the prevention of GBV highlighted the value of establishing "good law" on GBV at the SADC region. While this principle of good law can be transposed to an AIDS agenda, domestication remains a challenge. The SADC Gender Unit should be empowered to engage with relevant Member State Ministers of Women and Equality to drive forward specific initiatives on national levels that meet and exceed targets set at SADC’s strategic level in relation to HIV.

Women and girls continue to be disproportionately affected by HIV, accounting for 63% of the region’s new HIV infections in 2021, according to the UNAIDS 2022 Report. New HIV infections are three times higher among adolescent girls and young women (aged 15 to 24 years) than among males of the same age. Since 2010, the decline in new HIV infection has been much sharper among adolescent boys and young men (56%) than among adolescent girls and young women (42%) or older women (29%).

This would indicate that male-dominated political systems are failing to deliver gender-equitable services and programs to address this healthcare issue, which are then further compounded by intersecting gender inequality. Access to HIV testing, sexual and reproductive health services, gender-based violence, and education are all contributory factors. This highlights that Article 27 of the Protocol on Gender and Development cannot be taken in isolation. The vindication of rights and the development of gender equality must be delivered in tandem with the epidemic response.

SADC Member States can work towards integrating gender-responsive approaches into their policies and programs, through the SADC Gender Unit, specifically addressing the intersecting issues of HIV/AIDS and gender inequality. This includes ensuring access to gender-equitable services and programs that address the specific needs of women and girls, as provided for by the Protocol under Article 11.1 (b) and Article 23.2.

The Protocol also provides for the development and implementation of gender-responsive legal frameworks that protect and promote the rights of women and girls in relation to HIV/AIDS. This includes addressing issues such as gender-based violence, access to justice, and discrimination. By advocating for gender equality within the legal sphere, the Protocol can contribute to creating an enabling environment that safeguards the rights and well-being of women and girls. In fact, the legal system can be an important driver of reform and norms due to the understanding of Judges and other legal actors of their obligations to reflect the society that they work within. This is demonstrated even at the highest level through Africa Legal Aid’s project, the Gender Mentoring Training Programme for Judges of International Criminal Courts. The project aims to enhance the capacity of female and male judges of the ICC and other international criminal courts to deliver gender-sensitive and inclusive justice and has highlighted a willingness amongst Judges of the ICC to better understand the impact of gender on the delivery of justice. Speaking at the AFLA side event during the twenty-first session of the Assembly of State Parties of the ICC, President of the ICC, Judge Piotr Hofmanski said that “gender equality is crucial for the well-being of society as a whole, and gender diversity is a source of strength and richness for our institution, but particularly for a court that must serve all people equally.”

Despite these challenges, progress in the region is encouraging, as the SADC Gender and Development Monitor 2022 notes that “gender stereotypes and cultural attitudes that for long have remained major impediments to gender equality in the region are slowly changing.” The makeup of political representation within member states is also demonstrating affirming signals toward gender equality. It is crucial that SADC Member States prioritise gender equality and women's empowerment in their political agendas through supporting civil society, advocacy efforts, and capacity-building initiatives as supported by the Protocol’s Article 12 and Article 15.1. By promoting gender-responsive leadership, the member states can drive systemic change that addresses the root causes of gender disparities in relation to HIV/AIDS.

This year the sixteen heads of state signatories to the Southern African Development Community met in Angola for their annual SADC Summit. This offers the opportunity to reflect on the progress Angola as a nation has made on equality for LGBTQIA+ persons. In 2014, the African Commission on Human and Peoples' Rights called upon all African states to recognise the dangers of violence and discrimination based on sexual orientation and gender identity. It urged the establishment of laws that protect LGBTQIA+ people from prejudice and ostracisation from society. Within the absence of such an agreement at the SADC level, the Protocol on Women and Development does offer opportunities to advance this cause, particularly within the context of addressing the AIDS pandemic.

The definition of gender within the Protocol on Gender and Development itself recognises gender as a “cultural or social” context. Therefore, action within it should reflect historically broad approaches to gender. Gender and sexual minorities experience higher rates of risk of HIV/AIDS and the UNAIDS considers gay men, other men who have sex with men, and transgender people as key population groups that are particularly vulnerable to HIV and frequently lack adequate access to services. Transgender women have a 14 times greater risk of acquiring HIV than adult women (15-49) in the general population. Countries across the globe have demonstrated that through developing partnerships with these vulnerable communities, legislative reform, and grassroots partnerships these concerns can be addressed.

There does at times appear to be a narrative from member states that seeks to erase LGBTQIA+ individuals from the conversation around addressing AIDS in Southern Africa. The SADC website itself states, ‘an estimated 92% of infections occur through heterosexual transmission.’ We are not to ask what the remaining 8% is.

To effectively address the disproportionate impact of HIV/AIDS on LGBTQIA+ individuals, it is essential to have accurate and comprehensive data. The SADC can play a vital role in requiring and supporting member states to collect sexuality and gender disaggregated data on HIV infections, treatment, and prevention efforts. This data can inform evidence-based policies and interventions that specifically target the needs of LGBTQIA+ individuals, ensuring that resources are allocated appropriately.

SADC Member States should actively engage with civil society stakeholders working on gender and LGBTQIA+ equality on HIV/AIDS issues. Currently, nine SADC countries actively restrict LGBTQIA+ organisations, in violation of the 2014 African Commission on Human and Peoples' Rights adopted Resolution 275. This actively hampers potential collaborative efforts to help share best practices, medical support, resources to advance equality, challenge harmful gender stereotypes, and address the underlying social, cultural, and economic factors that contribute to the vulnerability of HIV infection amongst LGBTQIA+ people.

Future monitoring reports on the Protocol on Gender and Development should focus on progress in this field, with a view to advancing broad gender equality as a strand to achieving the eradication of AIDS in Southern Africa. The UN has rolled out several instruments that enshrine LGBTQIA+ rights, many of which SADC countries have signed on to.  Moreover, the International Criminal Court is increasingly focused on an inclusive perspective on gender-based persecution in a series of ongoing trials that will develop jurisprudence on the topic. The recent publication of The Office of the Prosecutor’s first policy paper on gender-based persecution also demonstrates that the inclusion of LGBTQIA+ persons within the international legal system is actively evolving. For instance, during the 7th Meeting of AFLA’s Gender Mentoring Training Programme discussing Non-Binary People and the Rome Statute, Judges noted the challenges faced by all parts of an international court and emphasised the importance of expertise, special training, background information, and the principle of legality in advancing this topic.

Meanwhile, we can accept there are political challenges to progressing initiatives for the LGBTQIA+ community, while not an excuse for a lack of leadership or failure to vindicate human rights, it is a factor to be acknowledged. Perhaps then SADC, the SADC Gender Unit, and the principles under the Protocol represent an opportunity for a regional solution for dedicated resources in this area to be investigated free of domestic burdens.

To effectively combat AIDS and achieve the goal of ending the epidemic by 2030, Member States of SADC must recognise that no health epidemic is improved by inequality, discrimination, or societal pressures. The SADC region must prioritise gender equality, address gender-based disparities, and create an inclusive and rights-based culture for all individuals. By utilising the Protocol on Gender and Development as a tool for delivering gender equality, the SADC can play a pivotal role in ending AIDS and creating a healthier and more equitable society for all.

Bibliography

[1] Symposium: Preventing Gender-based Violence in Southern Africa, Pretoria, 29-30 August 2023.

Written by Owen Greene (International Justice Associate at Africa Legal Aid)

Published by Africa Legal Aid

The views expressed on this blog are those of the contributors. They are not necessarily the views of AFLA, its editors, or its board.