HIV/AIDS Prevention and LGBT Rights Record

The Senate Foreign Relations Committee is currently considering the Foreign Relations Authorization Act, legislation which will appropriate spending to the State Department and modernize the Foreign Service. A coalition of Lesbian, Gay, Bisexual, Transgender (LGBT) and HIV/AIDS prevention groups are asking Committee Chair Senator Kerry to strengthen State Department attention to human rights abuses against LGBT individuals worldwide, protections essential in the global fight against HIV/AIDS.

LGBT and HIV/AIDS groups want the State Department to:

• Designate Human Rights Bureau position to monitor LGBT concerns
• Apply diplomatic pressure to repeal/reform laws that criminalize homosexuality
• Improve human rights reporting on violence and discrimination targeting LGBT communities
• Provide LGBT human rights training courses for Foreign Service Officers

Last March, the State Department released its annual report to Congress examining the human rights record of every country in the world. About 190 countries demonstrated discrimination against LGBT individuals, including arbitrary arrests, detentions, prison rape or violent harassment. On March 18, 2009, the U.S. signed onto the United Nations Statement on Human Rights, Sexual Orientation and Gender Identity, showing U.S. support for human rights and key foreign policy priorities for LGBT individuals. On 6/17/09 the Obama Administration extended benefits to same-sex domestic partners of eligible foreign-service employees. What else can the U.S. do to demonstrate its commitment to protect the global LGBT community?

A world survey of criminalization laws in 2009 found that 80 nations (including 10 of the PEPFAR focus countries - US President's Emergency Plan for AIDS Relief) have laws criminalizing same sex acts between consenting adults. In countries where homosexual relations are criminalized, HIV-related prevention services, treatment and care are difficult to provide because homosexuality is underground. Countries with non-discrimination laws for sexual orientation have been shown to provide better access to HIV treatment, care and prevention services.

A proposal for removal of HIV/AIDS from the list of diseases barring immigration to the U.S. is on the table at the Centers for Disease Control. If the proposal passes, HIV testing will no longer be a part of the required medical exam for permanent residence, and in some cases, travel visas. During the Bush Administration, Congress voted to repeal a 1987 restriction on HIV-positive immigrants as part of a package of AIDS reforms proposed by President Bush, but the Department of Health and Human Services has final say over whether the disease will be taken off the no-entry list.

Is it proven that HIV/AIDS contraction rates decline when LGBT anti-discrimination laws are in place? Should the U.S. apply diplomatic pressure to improve LGBT rights in ally countries? Will LGBT Diplomats be assigned to countries where homosexuality is illegal?  Will the U.S. remove HIV/AIDS from the list of diseases that bar immigration to the U.S?