U.S. Policy Restrictions May Pose
Significant Barriers to
International HIV/AIDS Work
A Bush Administration policy directed against prostitution could seriously restrict global efforts against HIV/AIDS. Dubbed the "antiprostitution loyalty oath," the policy demands that all U.S. and foreign nongovernmental organizations (NGOs) receiving U.S. funds for work on HIV and AIDS certify their explicit opposition to prostitution and sex trafficking. Two NGOs—DKT International and the Open Society Institute—are challenging the loyalty oath requirement in court, arguing that it violates the Constitution's right to free speech. EngenderHealth agrees that the policy is counterproductive and has submitted a statement in support of the lawsuits.
EngenderHealth and many other U.S. NGOs work in countries that take a wide array of social, cultural, and legal approaches to sex work. Because sex workers are a hard-to-reach population, providers of reproductive health care are concerned that as a result of the institution of the loyalty oath, some of the people most in need of assistance may feel judged and stigmatized by the very workers trying to aid them. Moreover, it is widely believed that countries need to develop locally appropriate responses to the HIV epidemic, and many nations have endorsed approaches that aim to educate and empower sex workers.
The new requirement has generated protests from service providers, activists, and organizations providing HIV/AIDS services around the world. Last year, the government of Brazil rejected about $40 million in HIV/AIDS funds from the U.S. Agency for International Development because of the potential negative impact on its programs (which are often described as a model for other nations).
The lawsuits by DKT International and the Open Society Institute argue that requiring U.S.-based organizations to adopt the policy compels them to "speak" in a particular way, and thus is a violation of First Amendment free speech rights. EngenderHealth has expressed its concerns about the implications of the loyalty oath and has submitted a statement in support of the lawsuits. The outcome of these cases may have far-reaching consequences for the ability of all nonprofit organizations receiving federal funds to speak freely on issues of public policy.
This page last updated May 8, 2008 16:35 .