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Social Science & Medicine 70 (2010) 114–120

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Social Science & Medicine


journal homepage: www.elsevier.com/locate/socscimed

Reframing governance, security and conflict in the light of HIV/AIDS:


A synthesis of findings from the AIDS, security and conflict initiativeq
Alex de Waal*
Social Science Research Council, HIV/AIDS and Social Transformation, Emergencies and Humanitarian Action, One Pierrepont Plaza, Brooklyn, NY 11201, United States

a r t i c l e i n f o a b s t r a c t

Article history: This paper draws upon the findings of the AIDS, Security and Conflict Initiative (ASCI) to reach conclu-
Available online 8 October 2009 sions about the relationship between HIV/AIDS, security, conflict and governance, in the areas of HIV/
AIDS and state fragility, the reciprocal interactions between armed conflicts (including post-conflict
Keywords: transitions) and HIV/AIDS, and the impact of HIV/AIDS on uniformed services and their operational
HIV effectiveness. Gender issues cut across all elements of the research agenda. ASCI commissioned 29
Security
research projects across regions, disciplines and communities of practice.
Conflict
Governance
Over the last decade, approaches to HIV/AIDS as a security threat have altered dramatically, from the
early anticipation that the epidemic posed a threat to the basic functioning of states and security
institutions, to a more sanguine assessment that the impacts will be less severe than feared. ASCI finds
that governance outcomes have been shaped as much by the perception of HIV/AIDS as a security threat,
as the actual impacts of the epidemic.
ASCI research found that the current indices of fragility at country level did not demonstrate any
significant association with HIV, calling into question the models used for asserting such linkages.
However at local government level, appreciable impacts can be seen. Evidence from ASCI and elsewhere
indicates that conventional indicators of conflict, including the definition of when it ends, fail to capture
the social traumas associated with violent disruption and their implications for HIV. Policy frameworks
adopted for political and security reasons translate poorly into social and public health policies. Fears of
much-elevated HIV rates among soldiers with disastrous impacts on armies as institutions, have been
overstated. In mature epidemics, rates of infection among the military resemble those of the peer groups
within the general population. Military HIV/AIDS control policies follow a different and parallel paradigm
to national (civilian) policies, in which armies prioritize command responsibility and operational
effectiveness over individual rights. Law enforcement practices regarding criminalized and stigmatized
activities, such as injecting drug use and commercial sex work, are an important factor in shaping the
trajectory of HIV epidemics.
Ó 2009 Elsevier Ltd. All rights reserved.

Introduction

The AIDS, Security and Conflict Initiative (ASCI) was established


q The AIDS, Security and Conflict Initiative was set up in 2006 with the objective in 2005 in order to examine evidence for the implications of the
of providing evidence that could inform policies relating HIV/AIDS, security and HIV/AIDS epidemic for a range of governance, security and conflict
conflict. Its co-chairs are Souleymane Mboup and Georg Frerks. The research and concerns, and also how governance crisis affects the HIV/AIDS
administration was divided between the Social Science Research Council (New epidemic. Its foci included state fragility, conflict and post-conflict
York) and the Clingendael Institute (The Hague). The project was supported by the
transitions, the uniformed services and peacekeeping operations,
governments of The Netherlands, Sweden, Australia and Canada and by UNAIDS,
the Rockefeller Brothers’ Fund, Justice Africa and the Health Economics and HIV/ and gender. The ASCI project, jointly led by the Social Science
AIDS Research Division at the University of KwaZulu Natal, South Africa. The author Research Council (New York) and the Clingendael Institute (The
wishes to thank the following individuals within the ASCI project: Tsadkan Hague), was set up in the wake of a number of worrying predictions
Gebretensae, Manuel Carballo, Tony Barnett, Steven Schoofs, Georg Frerks, Dana about how HIV/AIDS could strike at the foundations of governance
Huber, Manjari Mahajan, Selma Scheewe and especially Jennifer Klot, who provided
substantial critical input into this paper.
in hard-hit countries. At the conclusion of the project, it is clear that
* Tel.: þ1 617 998 0162. the paradigm has shifted. Research evidence from ASCI and else-
E-mail address: dewaal@ssrc.org where, combined with policymakers’ experience of managing the

0277-9536/$ – see front matter Ó 2009 Elsevier Ltd. All rights reserved.
doi:10.1016/j.socscimed.2009.09.031
A. de Waal / Social Science & Medicine 70 (2010) 114–120 115

epidemic and its governance impacts, have led to revised (and less warnings helped create an intellectual climate in Washington DC in
disturbing) predictions, and a more nuanced appreciation of how which the President’s Emergency Plan for AIDS Relief (PEPFAR)
HIV/AIDS affects security, conflict and governance, and vice versa could be presented as simultaneously a philanthropic, diplomatic
(ASCI 2009). and security initiative. Reflecting this, PEPFAR reports to the State
The issue of HIV/AIDS and security has had a brief but dramatic Department and not the US Agency for International Development.
intellectual life. Ten years ago, the U.S. National Intelligence Council In 2003, UN Secretary General Kofi Annan warned of the ‘triple
(NIC) prepared its first-ever assessment of the security threat posed threat’ of HIV/AIDS, food insecurity and governance in southern
by infectious diseases and singled out HIV/AIDS as the gravest such Africa and established the Commission on HIV/AIDS and Gover-
threat. The report was published in January 2000 (NIC, 2000) at the nance in Africa.
same time as the U.S. Ambassador to the United Nations, Richard The NIC reports and UN fears generated publications projecting
Holbrooke, sponsored a UN Security Council debate on HIV/AIDS,1 the damage that HIV/AIDS would bring. At best these were
the first time the Council had ever discussed a disease. The NIC deductive extrapolations from models or from history (Bell,
report sounded the alarm: ‘the persistent infectious disease burden Devarajan, & Gershbach, 2004; Cheek, 2001; De Waal, 2004; Price-
is likely to aggravate and in some cases, may even provoke Smith & Daly, 2004) and at worst they were lists of hypothetical
economic decay, social fragmentation and political destabilization outcomes strung together (International Crisis Group, 2001; Neil-
of the hardest hit countries in the developing world.’ (NIC, 2000, son, 2005). The rationale for ASCI was that if these alarming
p. 10). scenarios were even partly correct, they warranted closer scrutiny,
The NIC conclusion was political as well as scientific, and was and therefore a more solid empirical basis was needed both to
tracked by a parallel evolution of thinking in the UN and elsewhere. substantiate the links between HIV/AIDS and security and to
Different security frameworks converged to draw the conclusion. identify what measures might be effective in response.
One was national security establishments’ traditional focus on Today, the consensus has shifted. The evidentiary base gener-
‘hard’ security issues such as the threat posed by nuclear-armed ated during the last few years does not support the more pessi-
adversaries. However, in a notable shortcoming, the U.S. Central mistic predictions. The findings of ASCI are summarized in this
Intelligence Agency and the Department of Defense had failed to paper. More importantly, the predicted disasters did not become
foresee the collapse of the Soviet Union. The analysts who emerged part of policymakers’ experience, and the more extreme forecasts
from this episode with credit were, unexpectedly, demographers. were gradually discounted. Scholarly publications and official
During the 1980s, American demographers debated whether reports mark this shift (ASCI 2009; CHGA 2008; De Waal 2006; NIC
evidence for a rising infant mortality rate in the USSR reflected 2008; Spiegel et al., 2007). The NIC’s 2008 report re-orients U.S.
a real trend or not, and if it did, what this trend might portend concern to the economic impacts of disease and ill-health and
(Davis & Feshbach, 1980; Eberstadt, 1988). Those who argued that it suggests that the governance impacts of health are ‘less pervasive’.
was a real health crisis which indicated a crisis of the Soviet system, Most significantly, the 2008 NIC report concludes with a section
were proven right. The professional standing of demographers as ‘Health as Opportunity: A new look at a successful paradigm.’
intelligence seers was reinforced by the findings the State Failure Global health, it suggests, is a fruitful field for U.S. influence,
Task Force (SFTF) (Esty, Goldstone, Gurr, Surko, & Unger, 1995), including effective engagement with rising powers, reconstruction
which was set up following concerns that anarchy, as in Somalia, and stabilization, smoothing relations with adversaries, easing
Haiti or Yugoslavia, threatened American interests. It was an exercise north-south tensions, and advancing economic development. It
in quantitative political science, and when it processed its data to highlights ‘health diplomacy’, variously interpreted as using health
generate the best models for predicting state failure, the SFTF found assistance to promote U.S. national interests and using U.S.
three variables from among its list of 75 to be the most important: governmental budgets to promote global public health. This illus-
openness to trade, democracy, and infant mortality (Esty et al.,1995). trates how the security response to HIV/AIDS has influenced the
Health and demographic indicators were validated. governance of global public health.
The second strand was the paradigm of ‘human security’ The diversity of the posited linkages between HIV/AIDS and
(Commission on Human Security 2003; UNDP 1994). This emerged conflict, security and governance (in both directions), the range of
as an American concern during the Clinton Administration, which the relevant kinds of evidence and analysis (from quantitative
in 1996 reoriented intelligence policy towards a new order of multi-country comparisons to ethnographic study to operational
security threats including humanitarian crises, climate change and and policy research), and the multiple interests of the policy
emerging and re-emerging infectious diseases. The twin ‘hard’ and community, led ASCI to sponsor a range of research projects with
‘soft’ approaches to security converged in the issue of HIV/AIDS: it heterodox research questions and methods. All research projects
was a threat to human security which also posed dangers to mili- were assessed for method, rigour and ethics by the coordinators of
taries and seemed to threaten state failure. Human security was the four research tracks. Resource constraints dictated that ASCI
also promoted by the emergent multilateral approach to HIV/AIDS, focus on enhancing existing research projects by scholars in the
notably the human rights-focus of the World Health Organisation’s field, so that the research is investigative and illustrative rather
Global Programme on AIDS headed by Jonathan Mann and subse- than exhaustive. Not every possible link between HIV/AIDS
quently UNAIDS under Peter Piot. and security has been chased down and there are significant
In 2002, a follow-up NIC estimate projected a ‘second wave’ of geographical gaps (for example central Asia). But the diverse
epidemics in China, India and Russia (Eberstadt, 2002; NIC, 2002). methods and cases chosen provide multiple perspectives on the
Already alarmed by the speed with which HIV had taken hold central issues, providing a multi-disciplinary overview. ASCI suc-
among general populations in eastern and southern Africa, the NIC ceeded in tackling the principal theoretical and policy questions
projected that a host of other countries would also proceed towards that have driven concern over the last decade, and its findings pose
hyperendemic HIV. UNAIDS sounded similar warnings. These as many questions as they illuminate answers.
ASCI’s conclusions are in line with the changing consensus
revealed in recent reports on related topics (CHGA 2008; NIC 2008).
1
UN Security Council. ‘The situation in Africa: the impact of AIDS on peace and
States and security institutions have proven resilient in the face of
security in Africa,’ 10 January 2000. The Security Council subsequently passed the epidemic, but HIV/AIDS has important effects, usually specific
Resolution 1308 in July, focusing on HIV/AIDS and peacekeeping operations. to sectors or localities, and many of them framed by gender
116 A. de Waal / Social Science & Medicine 70 (2010) 114–120

relations. Governance has shaped the epidemic, including through 3895. They concluded that local government is showing ‘cracks’
sectoral policies, local government reform and law enforcement. that contribute to poor service delivery to the general public.
Jacob (2008) investigated the impact of HIV/AIDS in the Indian
HIV/AIDS and state fragility states of Manipur and Nagaland, which have the highest prevalence
of HIV in the country. He found no evidence for governance impacts
The findings of the ASCI research on HIV/AIDS and state fragility of the epidemic. At most, his data contain inconclusive hints that
are synthesized by Barnett (2009). These papers are thematically, the epidemic, in conjunction with the insurgency and a crisis of
methodologically and geographically diverse. The case studies and injecting drug use, may be contributing to a higher rate of attrition
approaches were selected by Barnett to represent a broad and among civil servants. Jacob counsels that even if HIV/AIDS were to
illustrative range of issues and locations. have an appreciable impact in these two states, India is so vast that
Barnett discounts any direct link between HIV/AIDS and state we can discount the chance that a local crisis would undermine
fragility and instead searches for putative indirect linkages, national stability.
whereby for example the impacts of the epidemic may play out In the Indonesia province of Papua (Irian Jaya), which has the
through stresses on the labour force. One line of inquiry is large-n highest HIV prevalence in the country, Smith (2008) found no
quantitative cross-country comparisons. Two exercises were con- indication that the epidemic was causing human resource losses
ducted by Dutta and Barnett (2007) and Sato (2008) using a range sufficient to undermine service delivery or local government
of governance indicator variables (as used by the OECD and World accountability. However, local government reforms were helping to
Bank) to determine whether there is a measurable association create localized environments of increased HIV risk. The creation of
between HIV prevalence and state fragility. Governance in this new local administrative centres led to boom towns which attrac-
context includes measures of state capacity and the quality of ted migrants and commercial sex workers, in a context of extreme
government. Dutta and Barnett compared ‘fragile’ and non-‘fragile’ gender inequalities and high rates of sexual and gender-based
countries and Sato asked whether differences among fragile states violence. Decentralization of government authority to provincial
could be accounted for by different levels of HIV prevalence. level contributed to the misappropriation of HIV funds by local
Neither study found any such association, although they both hint elites to support electoral campaigns.
that a differently-framed inquiry might yield some links. For The hypothesis that the national level of aggregation fails to
example, Dutta and Barnett found that Tuberculosis was associated capture important local-level impacts is confirmed.
with state weakness. The two studies used diverse datasets, indi- A second hypothesis is that the relationship between HIV/AIDS
cators and methods, giving further reason for confidence that the and governance is non-linear and certain combinations of factors
negative finding is robust. can combine to create HIV-related state fragility. An example
Several case studies underlined that national-level impacts have of a limiting case, a ‘perfect storm’ of these factors could be
not materialized. Feshbach (2008) investigated Russian demog- Swaziland, a small country which has the world’s highest national
raphy, focusing on the health of recruits into the army. He paints an HIV prevalence alongside weak governance and other social and
alarming picture of the health of the population and documents economic stresses. Whiteside and Whalley (2007) describe the
how the military is struggling to find sufficient healthy young Swazi epidemic as a new kind of humanitarian ‘emergency’, affec-
recruits for its ranks. Among the health problems are drug addic- ting society over a generation. Naysmith, de Waal, and Whiteside
tion (accounting for the ‘unfit’ diagnosis of 21,000 recruits), mental (2009) investigated whether the combination of hyperendemic HIV
disorders (130,000), Tuberculosis (3000) and HIV (2100). HIV/AIDS and other stresses make the economic life of the country unsus-
is a serious second-order problem. tainable, concluding that it is plausible to argue that Swazi house-
In south-east Asia and the Pacific, Altman (2008) and O’Keefe holds have lost so much resilience on account of HIV/AIDS that they
(2008) caution against the view that HIV in the region will develop are facing a long-term emergency including the threat of ‘new
into southern African-style generalized epidemics. O’Keefe chal- variant famine’ (De Waal & Whiteside, 2003). This protracted crisis
lenges the ‘Africanization’ hypothesis for the region, arguing that has no clear exit and warrants new policy responses.
the epidemic has markedly different characteristics to Africa However, the Swaziland case is an extreme and limiting case
(concentrated rather than generalized), the nature of states is that does not readily transfer.2 Another country with hyperendemic
different, and the picture of a convergent crisis of HIV/AIDS and HIV, Botswana, shows governance resilience, most likely associated
governance in sub-Saharan Africa is also oversimplified. with its wealth and commitment to a high quality of public
The lack of association between HIV prevalence and state administration. Elsewhere, such as hard-hit localities in larger
fragility is an important negative finding. The ASCI studies examine countries including South Africa, Malawi and Tanzania, the local-
three possible explanations. ized conjuncture of HIV/AIDS with other stresses has contributed to
The first explanation is methodological: country-based datasets vortices of crisis, but national governments have been less affected.
used are at too high a level of aggregation. The limited longitudinal A third possible interpretation of the negative result focuses on
datasets for HIV prevalence and the diversity of the countries the opposite causal pathway – from governance to the socio-
classified as ‘fragile’ mean that any associations are submerged. economic factors that influence HIV transmission. State fragility is
This directs us towards sub-national impacts. It is plausible to argue a composite concept comprised of diverse shortcomings related to
that the impacts of HIV/AIDS are felt primarily at the household violent conflict, state capacity and political stability, each of which
level, and from there the community and district levels, before any taken separately may have different impacts on population risk of
national-level effects unfold. Pursuing this hypothesis, three HIV. For example, a number of studies show that internal armed
studies examined the impacts of HIV/AIDS on local government. conflict often is associated with lower HIV prevalence (Spiegel et al.,
Chirambo and Steyn (2009) studied the impacts of HIV/AIDS on 2007). It is also plausible that transitions from authoritarianism to
local government in South Africa. They discovered increased democracy bring new freedoms which in turn increase HIV risks.
absenteeism and burn-out of councilors, higher costs and workload On the other hand, low state capacity constrains effective HIV/AIDS
consequent on more by-elections for vacant posts, and the chal-
lenge of maintaining an updated electoral roll with higher levels of
adult mortality. They found stigmatization of HIV/AIDS, with just 2
The possible exception is Lesotho, a similar small and landlocked southern
one councillor openly living with HIV from among a sample of African nation.
A. de Waal / Social Science & Medicine 70 (2010) 114–120 117

responses, as shown by studies of Mozambique (Høg, 2008), Haiti survivors. In the eleven years between the genocide and the 2005
(Weigel, 2008) and Myanmar (Khin, 2008). Policies such as survey, most of those infected with HIV died, helping to explain
decentralization can have unexpected and complex implications for why HIV prevalence declined over those years. Meanwhile, post-
HIV, as illustrated by Smith’s (2008) study. genocide Rwanda has established a highly-regarded health system
In line with the injunctions ‘know your epidemic’ and ‘and act including an HIV/AIDS programme. The resource factor was not
on its politics,’ (Buse, Dickinson, & Sidibé, 2008; UNAIDS 2007) included in the study because it was not possible to disaggregate it
ASCI’s findings point to the diversity of governance and security by prefecture.
contexts, and point to the need to adopt policies and programmes Davenport and Loyle found that the duration of the violence is
best suited to each. This includes attending to the ways in which a significant predictor of HIV prevalence eleven years later, but no
diverse manifestations of state crisis may affect HIV and AIDS. effect of the magnitude of the violence (numbers killed) on HIV
prevalence. They found (contrary to their general conclusion on this
Armed conflicts and their aftermath issue) a positive relationship between the presence of UN peace-
keeping troops and HIV prevalence, possibly skewed by the urban
In the study of the relationship between armed conflict and HIV bias of the peacekeeping presence. The location and movement of
vulnerability, an influential revisionist critique has argued, first that refugees was associated with higher HIV prevalence.
refugee populations generally have lower HIV prevalence than their A second study, by Seckinelgin, Bigirumwani and Morris (2008)
hosts (Spiegel, 2004) and, second, that conflict-affected pop- used ethnographic method to study the gendered impacts of the
ulations in general are commonly less at risk of HIV (Spiegel et al., conflict and post-conflict transition in Burundi. The study shows
2007). The factors that influence population level risk of HIV how conflict and post-conflict transition are both associated with
include their pre-conflict level of HIV, level of movement including patterns in the spread of HIV, in complex ways. The customary
labour migration and trade, and the degree of interaction between patrilineal and patrilocal nature of Burundian society, in which
a displaced population and its host. Conflict as such does not prove family is structured around men, property is owned by men, and
to be a significant predictor of HIV vulnerability for a population, women have subordinate status, defines the context in which
and indeed insofar as conflict leads to the isolation of communities, women and girls seek status, livelihood and security. During the
it can help to keep rates low. years of conflict, most practices revolving around gender and the
ASCI commissioned three studies to address different aspects to patriarchal social hierarchy have remained unchanged, but young
the question of how armed conflict and post-conflict transitions people’s sexual behaviour is reported to have become freer.
affect HIV vulnerability. Davenport and Loyle (2009) undertook The authors question the characterization of the Burundi
a cross-country quantitative analysis across all countries for which conflict as ‘low intensity.’ Despite the often low levels of armed
data are available (n ¼ 197) to assess the relationships (if any) engagement between the fighting groups, the social implications of
between conflict-years at a national level and national HIV preva- the conflict have been intense and far-reaching irrespective of how
lence (using data for 2007). They augmented this with a sub- levels of violence have fluctuated. The relationship between HIV/
national analysis of HIV prevalence and conflict in Rwanda, using AIDS and conflict is a function of how armed groups mobilize and
data for killings during the 1994 genocide. Their model has three sustain themselves (with rebel forces dispersed across the country),
factors: individual behavioural disruption associated with conflict, the displacement experienced by the population, and the long-
resources available for HIV/AIDS programmes, and interaction term nature of these disruptions, which in turn have implications
between conflict-affected civilian populations and others, including for social organization. Over time, armed groups became social
refugee flows and the movements of belligerent armies and formations, with their members establishing relationships ranging
peacekeepers. from casual sexual partnerships to marriage.
Davenport and Loyle found that measurements of conflict The mobilization of armed groups took many men away from
(magnitude, duration and geographical scope) had no correlation the domestic environment, leaving women vulnerable. Women’s
with national HIV prevalence, both for the global dataset and for weak legal rights became a serious constraint on survival, pushing
sub-Saharan Africa. They found an association between national many into transactional sexual relationships. The commodification
resource availability and HIV (increased resources imply lower HIV of women’s bodies – already pronounced in the customary social
and vice versa), and a positive correlation between armed conflict system – was accentuated. Male hierarchies were restructured with
and the reduction of resources. They found that refugees from high authority accruing to military commanders. This had many rami-
prevalence countries tend to increase the prevalence among their fications, including in some cases orders given to junior soldiers to
hosts while those from medium and low prevalence countries do rape women, and the differential protection given by men to their
not. They also found that international peacekeepers have a nega- partners during the conflict – officers provided more security to
tive correlation with HIV prevalence in the country of deployment, their partners than junior ranks. Due to the protracted nature of the
and speculate that this may be due to the aid resources provided to conflict, ‘normal’ marital arrangements could not simply be sus-
a country which hosts a peacekeeping mission. pended for the duration and then resumed. Rather, the pressures of
Davenport and Loyle’s case study of Rwanda tests the different conflict changed social mores and practices in enduring ways.
components of the framework at a subnational level. The study Burundi’s post-conflict disarmament, demobilization and rein-
uses data for the magnitude and duration of violence perpetrated tegration (DDR) process was not designed with gender relations of
during the 1994 genocide (measured using estimates for numbers HIV/AIDS in mind. Women and girls attached to the armed groups
of people killed and the length of time the killing continued) and were excluded from the process including its educational and
civil war disaggregated at the prefecture and HIV prevalence in material components. The national policy was that men and
2005. It also uses data for the numbers of people who were dis- women should be treated equally within the DDR process, but that
placed during and after the genocide, for the movements of the was only possible for a restricted category of female combatants
belligerent armed forces and the presence of peacekeeping and only on the condition that they went to the DDR camps, which
missions. While reliable data for the overall extent of sexual most did not want to do. Female ex-combatants and other women
violence during the genocide are not available, the evidence points who had borne children during the conflict fathered by combatants
to an exceptionally high number of rape survivors among the were stigmatized. In all cases, HIV/AIDS sensitization was cursory,
genocide survivors, and very high levels of HIV among those rape and the brief training modules had no impact on behaviour change.
118 A. de Waal / Social Science & Medicine 70 (2010) 114–120

Delays in the process caused numerous problems. The research for being a vector of HIV transmission. In some countries, including
highlights the inadequate conceptualization of gender vulnerabil- South Africa and Ethiopia, armies were ahead of national govern-
ities and HIV/AIDS in DDR programmes and policies. ments in formulating and implementing HIV/AIDS programmes,
The third research activity on this question was focus group giving a low profile to their efforts partly to minimize any public
discussions on HIV/AIDS issues in four post-conflict countries: controversy. However, the most important reason for policy
Bosnia, the Democratic Republic of Congo, Haiti and Liberia (ASCI, seclusion is that militaries prefer to implement policies of
2009) These discussions identified programmatic neglect of the compulsory HIV testing and the selective exclusion of those who
transition from conflict to post-conflict. Too often when hostilities test positive, from recruitment, promotion or deployment. Armies
end, emergency relief agencies pull out and move elsewhere, but defend this practice on the grounds of operational imperatives
development agencies only begin their assessments for rehabili- including the necessity of maintaining full-strength, good health
tation and reconstruction, and do not actually initiate their pro- units, which is particularly important for resource-constrained
grammes. Donor funding for emergency work dries up while armies. This contradicts best practice in the civilian sector and is
development assistance takes a while to come on-stream, leading contrary to human rights principles and, in some countries, the
to a hiatus of external assistance. Also, most ongoing programmatic constitution. In Namibia and South Africa, courts have ruled that
activity is focused on groups or communities, which have been national defence forces must conform to laws that prohibit
identified as ‘at risk’ during the conflict phase, rather than grap- employment discrimination based on HIV status. Rather than pre-
pling with risk environments and the ways in which they may senting counter-arguments based on rival principles, such as mili-
change very rapidly when conflict comes to an end. A single group tary necessity, proportionality and emergency requirements,
can have very different risk profiles as conditions change. military establishments have preferred to ignore the rulings.
Post-conflict DDR policies are often designed as ambitious and The South African High Court case of May 2008,3 is a landmark
generously-funded exercises to allow former combatants to be in this controversy. The Security Forces’ Union and three individual
retrained and reintegrated into civilian life with a sense of self- soldiers sued the South African National Defence Force (SANDF) on
worth, but end up as hasty and under-resourced exercises in the grounds that its policy of mandatory HIV testing and exclusion
meeting quotas. This shortcoming may be compounded by and non-promotion of HIV positive individuals was discriminatory
extremely limited employment alternatives, insufficient funding and unconstitutional. The court ruled that the blanket ban was not
for survivors of conflict, and the often conflictual relationships medically justified and ignored government policy of non-
across these groups, including returnees. discrimination at the workplace. It ordered the army to develop
A case study of southern Sudan following the 2005 peace a new policy by November 2008. In response, the SANDF Defence
agreement (D’Awol, 2008) illustrates these points. The southern Chief stuck to his guns and argued that he should not be compelled
Sudan DDR process has been delayed, downsized and truncated. to compromise on his mandate ‘to prepare forces for war and other
HIV sensitization has been ad hoc, inconsistent and difficult to exigencies’ and should not therefore give way to humanitarian
monitor and evaluate. The DDR process involves numerous actors concerns including the rights of individuals living with HIV. The
with differing mandates, working methods, capacities and objec- litigants interpreted this as foot-dragging.
tives, and has gaps such as police and prison officers. The pro- Most of ASCI’s research work in this field focused on developing
grammes are not sufficiently gender-sensitive despite the presence policy frameworks that can be used by military planners, including
of large numbers of women combatants, who are often the first in the peacekeeping departments of the UN and African Union (AU).
line for demobilization. D’Awol concludes that efforts are incom- Kershaw (2008) identified the adverse impacts on unit cohesion as
mensurate with need, and the relatively fragmented and isolated the principal route whereby HIV/AIDS undermines the effective-
initiatives do not add up to the necessary holistic approach. She is ness of armies. Impacts are felt at the operational unit level, at the
concerned that southern Sudan remains in danger of a post-conflict level of the general staff and among specialist units. Because HIV/
HIV/AIDS epidemic. AIDS is a long-wave event, strategic planning for these impacts is
required. Kershaw developed a ‘Force Capability Analytical
Uniformed services Framework’ for examining the effects of HIV/AIDS and a ‘Military
Institutional Audit’ for investigating how these impacts are felt in
The third focus of ASCI research was on HIV/AIDS in the uni- specific instances.
formed services. ASCI commissioned a series of research reviews Binega (2008) undertook a comparative study of intervention
and policy studies. An early outcome was a sharp revision of the packages on HIV/AIDS in armed forces in Africa, paying particular
conventional wisdom that HIV prevalence among armed forces is attention to the development of policy and practice within the AU
several times higher than in civilian populations and that the and its growing involvement in peace support operations. His study
epidemic is undermining the functioning of militaries (Whiteside, spelled out challenges for policy development and implementation.
de Waal, & Gebretensae, 2006). This review found that HIV preva- One of these is that troops on AU or UN peacekeeping missions
lence among militaries was usually within a similar range to that of remain under the command of and in the employ of their respective
civilian populations, sometimes lower among new recruits countries, which have differing policies and practices on HIV/AIDS.
(because of the demographic from which they are drawn) and While education and prevention are assigned to the UN, treatment
commonly higher among middle-ranking officers – comparable to remains the responsibility of the troop-contributing country,
peers in comparable mobile, well-paid occupations. It found that making it difficult to standardize approaches. Binega advocates the
while HIV/AIDS poses a threat to armies’ operational capability, wider adoption of a ‘command-centered approach’ to HIV/AIDS
most armed forces are also well-placed to manage these threats, control in militaries (supported by medical and health units) and
because of their built-in capacity to withstand losses of personnel. argues in support of mandatory HIV testing and screening within
Lastly, the review concluded that military HIV/AIDS policies have an overall package that makes the health of military units the
contributed to this (limited) success. responsibility of their commanding officer.
Several factors have led militaries to develop HIV/AIDS
responses in parallel to and isolation from their civilian counter-
parts. One reason is the introversion of military establishments. 3
South African Security Forces Union and Others v. Surgeon General and Others
Habitual secrecy was not helped by publicity that blamed soldiers (16 May 2008), Case 18683/07.
A. de Waal / Social Science & Medicine 70 (2010) 114–120 119

Military approaches to HIV/AIDS are developed to meet cluster of problems, with a richness of insight that could not have
nationally defined priorities rather than the requirements of been provided by investigations confined to a single discipline.
peacekeeping operations. Most militaries are seeking guidance in Based on the received wisdom of the turn of the Millennium, the
developing their policies. Many troop-contributing countries starting hypotheses were that HIV/AIDS was having far-reaching if
implement mandatory pre- and post-deployment HIV testing. This indirect impacts on the viability of states, the functioning of mili-
contradicts international norms but UN policy is to accept national taries and the extent of conflict and insecurity, and that in turn the
practices in this regard. Peacekeeping operations face abiding weakening of governance and security institutions would intensify
problems with stigma and discrimination, education and aware- HIV/AIDS epidemics. Such ‘downward spirals’ (cf. Price-Smith &
ness, continuing risk behaviour by soldiers, poor quality of data and Daly, 2004) were not substantiated by the research findings, with
surveillance systems, variability in treatment regimes across the possible exception of Swaziland. To the contrary the main
countries, and divergent approaches to female peacekeepers. finding was that the HIV/AIDS epidemic has become one among
ASCI undertook research into law enforcement services and many stresses on affected societies and institutions, and that its
HIV/AIDS, an important but remarkably neglected field (Pearce, impacts are appreciable at the level of local and sectoral governance
2007; Roderick, 2007). Case studies of policing and HIV/AIDS were rather than national security.
carried out in South Africa (Masuku, 2007), Benin (Gabriel-Nelson, The ASCI research agenda points to several specific areas for
2007), and Sierra Leone (Thompson, 2007). One finding from these policy attention. One is that HIV risks may increase during post-
reviews was that police services are highly sensitive on HIV/AIDS conflict transitions in comparison to the phase of active hostilities.
issues, underling the importance of building trust between the Programmes for DDR have an under-utilized potential to control
police and the research and HIV/AIDS policy communities. As with HIV rates, and also run the risk that, if mishandled, they could
other institutions heavily reliant on human resources, police contribute to HIV risks. A second area is that uniformed services’
services in sub-Saharan Africa are institutionally impacted by testing policies should be developed in ways that can manage the
a high prevalence of HIV within their ranks. The same issues that competing demands of operational responsibilities versus indi-
affect soldiers on peacekeeping operations also impact the civilian vidual rights. A third focus is that HIV prevention and response
police contingents that are increasingly a central part of those should address the entirety of the security sector, including
missions. customs, prisons and immigration. The agenda of HIV and police
Outside sub-Saharan Africa, where HIV epidemics are concen- services is important and neglected, especially in view of the
trated among groups that exist at the margins of the law and society, potential of policing practices for influencing the trajectory of HIV
engaging in activities that are both high risk for HIV and also epidemics concentrated among marginalized or criminalized
criminalized, the major concern is how law enforcement practices groups. The research finds that sexual violence has yet to be
influence the trajectory of the epidemic. These groups include adequately addressed as a bio-social risk factor for HIV, and that it
injecting drug users (IDUs), commercial sex workers (CSWs), men would be unwise to minimize the role of rape in HIV transmission
who have sex with men, individuals with diverse sexual orienta- on the basis of aggregate prevalence data.
tions, street children, survivors of sexual and gender-based violence The ASCI findings point to the need for better quality and more
(SGBV), and illegal migrants and trafficked women. Harm reduction finely disaggregated data. Current indices of state fragility are not
practices such as needle exchange and methadone substitution adequate to demonstrate any statistically significant association
programmes are effective measures for minimizing HIV risk among with HIV at the country level, pointing towards the need for
IDUs, but in many countries they are prohibited so that participation subnational, sector and gender-specific measurements. The domi-
in a harm reduction programme may put an individual at risk of nant explanatory frameworks for analyzing societal HIV vulnera-
arrest and prosecution. Gender-related attitudes and practices bility need to be developed, both in terms of finer categorization of
among police and prison officers are also a critical determinant of the epidemic types and risk factors, and also the changing social
the vulnerability of individuals who come into contact with the law, roles, identities and environments.
including CSWs and survivors of SGBV. Law enforcement officers are At the macro policy level, one main area of interest is designing
the first line of defence and response for those exposed to SGBV. In effective HIV/AIDS under widely divergent systems of governance.
some countries, it is police services that are the de facto regulators of Another is how the HIV/AIDS response has itself influenced the
sex work. Scanning the list of the most at-risk groups in concen- nature of national and global governance and inter-state relations,
trated HIV epidemics, it is not difficult to conclude that law including U.S. ‘medical diplomacy.’ In the field of HIV/AIDS, gover-
enforcement practices will be an important determinant of the nance and security, the focus is upon micro-level environments and
future trajectory of those epidemics. This field remains neglected, how they change.
and the consultation on the police and HIV/AIDS convened by ASCI At a national level, in sub-Saharan African countries, HIV/AIDS
in September 2007 was, remarkably, the first-ever global consulta- programmes and the associated resources have become a political
tion of its kind. The principal conclusion of ASCI’s research in this prize and an area of policy contestation (Høg, 2008). Meanwhile, HIV/
field is that this research agenda is in its infancy. AIDS best practice, promoted and funded by international institu-
tions, has generally been a mechanism in support of civil society and
human rights norms (De Waal, 2006) – with exceptions such as
Conclusions PEPFAR’s promotion of faith-based norms. In the least capacitated
states such as Haiti (Weigel, 2008) or the most repressive ones such as
In each of the fields addressed by ASCI research, the initial Myanmar (Khin, 2008), such internationally-endorsed standardized
questions were significantly revised by the findings. Reflecting the blueprints are not applicable. Rather, HIV/AIDS policies must be
expansive and multi-disciplinary nature of the research questions, designed around the exigencies of circumstance, informed by the
ASCI’s methods and subjects of study were heterogenous. The ethnographic contours of institutional collapse and the demands of
agenda allowed for diverse analytical and methodological paths to micro-political management. In addition, many military and law
be followed. These included a tour d’horizon of key issues, quanti- enforcement establishments remain excluded from the international
tative investigations, selective in-depth case studies, and reflections policy consensus, with their concerns neglected.
on the last decade of policy and practice. This approach is eclectic HIV/AIDS led the way in a massive decade-long expansion in
but has the virtue of providing a range of perspectives on the central funding for international health. While the performance of
120 A. de Waal / Social Science & Medicine 70 (2010) 114–120

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