Professional Documents
Culture Documents
Scientific Perspectives
An International Journal of
Scholarly and Scientific Research
Number 2
Spring 2006
Number 2
Spring 2006
Langston University
Office of Scholarly & Scientific Research (OSSR)
P.O. Box 1500
Langston, OK 73050
Website: www.lunet.edu/scientific_research
Editorial Staff
Editorial Board
ii
ISSN 1930-9066
iii
Contents
Cover
HIV/AIDS and Tropical Africa: The Past, the Present and the
Probable Future. Anthropological Perspective ….Maxwell Owusu……….1
Instructions to Authors
JSSP Standards
iv
Preface
This scholarly and scientific journal answer. If we cannot solve the problem
rationalizes HIV/AIDS and it’s Triadic we created, are we mighty? Who knows?
Triplets- in urban, rural and poor envi- May be hell. These guys are midgets.
ronments of the World particularly in Af- Those of us who have lost family
rica and the United States of America. members are familiar with the language
The global HIV/AIDS pandemic is one of expressed in the first three paragraphs
the greatest human tragedies whose evolu- whose expression the families use to ask
tion and fusion negates, belittles and be- the Western powers to stand tall by elimi-
devils the promise and spirit of human nating the scourge they created. The
ingenuity. Its scientific creation in a labo- experiment backfired and criminalized the
ratory in Philadelphia makes every sane eugenic “innocents” for the death of mil-
mind, both the novice and the sage, the lions at home and abroad. If the death rate
student and the scientist, the laborer and at which the disease kills continues un-
the bureaucrat, the lay member and the abated for the next fifteen to twenty years,
priest or clergyman, to think about the its largely negative impact will predicta-
meaning of life and the purpose for human bly produce social, economic and political
existence, the value of rational and em- instability. The same instability will have
pirical knowledge and its relevance and potential to cause states to fail or collapse
motif in human civilization, and the glob- for the absence of leaders and resources
ally established structures of governance for managing them. It is imperative for
and interconnectedness via interconnectiv- states to eliminate this deadly disease
ity. All people are at a loss for sound an- from the face of earth. They should have a
swers. The many whys, whens, wheres, domestically, internationally and scientifi-
hows, and whats are difficult to answer in cally well rationalized three-prong strat-
order to satisfy the millions who have lost egy for combating the HIV/AIDS pan-
their loved ones in the age of plenty, sci- demic.
entific and materialistic victories and po- First, at the national level, a thorough
litical and diplomatic savviness. effort should be invested in creating a
Humanity, what has gone wrong? super agency composed of major interna-
Where are your children? Why is Rachel tional organizations, governments, corpo-
grieving and weeping? Are the children rations, pharmaceuticals, multilateral bod-
dead? Who has killed them? What did ies such as IMF, and the World Bank and
they do to deserve this kind of treatment? the NGOS. The agency should be sanc-
Why do the innocents get punished, tor- tioned by the political leadership of the
mented, terrorized by the use of germ- nation while being coordinated by the
warfare measures and eventually killed for Ministry (Department) of Health and a
their innocence and lack of understand- Western international agency. These bod-
ing? Is human civilization doomed? Why ies should be provided with innovative
are the unsuspecting, the nonessential and research findings by professional scien-
the unwanted innocently victimized. Do tists and research teams. The researchers
their ghosts have a voice for discourse and should analyze society in all its facets and
dissent? Who will speak on their behalf? shade new light on the social structure of
The living among us and in every society and the associated barriers affect-
civilization have the right to represent ing effective prevention, treatment and
these ghosts whose victimization demands care. Each nation should be encouraged to
legitimate measures in order to provide identify transformational governance
reparations for the holocaust survivors. leaders who cognitively, organizationally,
Has humanity lost its conscience for the and decisionally possess the “synergistic
compassionate sanctity of human life? If clout” and talent for effective deployment
not, why doesn’t humanity use its might of resources in order to translate dreams
to eliminate this mess they created? This into reality – prevent and eliminate the
is another question only the mighty can spread of HIV/AIDS.
Journal of Scholarly and Scientific Perspectives Number 2
Second, in consultation with the po- abstinence and condom use. Finally,
litical leaders, the bureaucratic and scien- schools and other agents of socialization
tific systems should identify creative should establish a curriculum for the in-
change agents in every institution or culcation of curative, preventive and di-
group in society. Each educational, politi- agnostic and treatment measures.
cal, religious, familial, corporate and legal HIV/AIDS is a complex pandemic
institution should have a change agent that is a multi-system illness, which is
who hierarchically, directly and instru- influenced by a variety of the aspects of
mentally communicates with his/her supe- the individual, general health systems,
riors at the local, district, regional (pro- cultural behavior and states of mind. The
vincial) and national levels. The change “co-occurrence of HIV, substance abuse
agents should become the medium of and mental illness poses unique chal-
communication between the organiza- lenges for the management and treatment
tional, group, local, rural or urban settings of the disease” (Institute of Medicine,
and the centralized and decentralized na- 2005: 2). As “a result, each year, there are
tional centre for strategic coordination. missed opportunities to reduce mortality,
This second level is the entity for strategic morbidity and disability among individu-
policy implementation. The level should als with HIV infection” (p.5). Although
be a laboratory for decision making, deci- the disease is a chronic illness devoid of a
sion implementation, program evaluation, death sentence in technologically ad-
discussion, dissent, problem identifica- vanced and industrialized Western Coun-
tion, problem elimination and program tries, poor and minority communities are
recommendation. constant victims of HIV/AIDS. In the
Third, the coordinated national and U.S., of the 40,000 people infected annu-
group or bureaucratic strategies should be ally, 16,000 of them die due to several
directed at the individual and the group barriers some of which are also common
concerns. Individuals and groups should in Third World countries. More than 1.5
regularly be informed that certain behav- million are infected and over 500,000
iors present risks to their lives and the have perished.
lives of other people who are important to The 1990s HIV cost and services
them personally and collectively. They utilization study (HCSUS); Morin et al.,
should be encouraged to take action to 2002; Cook et al., 2002; Turner et al.,
reduce risk by initiating preventive behav- 2001 and Sambamoorhi et al., 2000) are
ior. Reinforcement of risk-reduction be- studies that were conducted to reflect na-
havior should be emphasized in the con- tionally determined factors that are barri-
text of knowledge about people’s age, ers to the therapeutic treatment of the dis-
experiences, beliefs, values, knowledge ease in the United States. These studies
and relationship with others. The unscien- and particularly the HCSUS found “large
tific structure of individuals and groups variations in insurance coverage for HIV
should be sensitized to emotional, cogni- infection, in part reflecting the relative
tive, behavioral, interpersonal, cultural, restrictions on the Medicaid programs in
structural and scientific awareness in different states.” (Institute of Medicine,
terms of the gravity, magnitude and ef- 2005: 129). In general, 20% of adults in
fects of this scourge. In addition, indi- care for HIV did not have health insur-
viduals and groups should be conversant ance. Fifty percent received care through
with the ways of transmission and what Medicaid and Medicare. Specifically, 15
could be done to avoid such risks – % of them had both Medicaid and Medi-
vi
Preface
care. Also 31 % received care through more generous drug coverage had lower
private insurance. Because of geography, death rates than those with more restric-
distances were a hindrance to effective tive rules and less generous coverage.
therapy. The percentage of the uninsured Further analysis by HCSUS found that
was 11% in the Northeast and 30% in the “Women, blacks, those with less educa-
South. In addition, based on the conclu- tion, and injection drug users were least
sive evidence of the studies in question, likely to have received early access to
and in respect to the Northeast, 50 % of HAART” (Institute of Medicine,
the patients had Medicaid as the primary 2005:130).
payer compared to 20% in the South In a study by Morin et al., (2002)
(Bozzette et al., 1998 and Institute of cited earlier, mortality reductions for La-
Medicine, 2005). tinos and African American were found to
The HCSUS study also showed that be lower than for non-Latino whites.
there were substantial disparities in ther- These disparities were associated in part
apy across the affected groups. For in- with policy barriers such as limits on
stance, though these disparities dwindled Medicaid eligibility based on disability
with the emergence of new decades, requirements and state imposed income
“blacks, women, the uninsured, and requirements and state imposed income
Medicaid beneficiaries were all less likely and benefit limits on ADAP, as well as
to receive protease inhibitor therapy when social barriers” (Institute of Medicine,
it became the Standard of care” (Institute 2005: 130) particularly in California, New
of Medicine, 2005:129). Also, the lack of York, Florida and Texas. Over all, policy
or insufficiency of Medicaid insurance analysts and researchers have correctly
made it difficult for HIV/AIDS patients to and conclusively determined that the
receive HAART without which life can combination of financing structures and
not be sustained. With respect “to experi- systems and the chacteristics of people
mental drug therapy, Gilfford et al. (2002) e.g. race/ethnicity and low income collec-
found that blacks and Hispanics were less tively interact to exacerbate disparities in
likely to have received experimental HIV health care. In addition, the many actors
therapy or to have participated in an HIV of the health are system (people living
Clinical drug trial, and that these findings with HIV, providers of medical care, the
could not be explained by difference in Congressional Ryan White Planning
the desire to receive such thera- Councils and Committees, and policy
pies....Blacks, Hispanics, women, the un- makers at the federal, state and local lev-
insured and Medicaid beneficiaries also els) do not see themselves practically as
had less favorable patterns of use of hos- serious and interconnected components of
pitals emergency departments, and ambu- the whole complex system. Since each
latory office or clinic settings.....patients had different goals and objectives, the
in rural areas were also less likely to re- missions tend to be more conflicting
ceive antiretroviral therapy (pp.129-130). rather then complementary and solvent.
In another recent study (Bhatta charya The systems’ goal should be “to improve
and Goldman (2003), patients with public the quality and duration of life for those
health insurance (Medicaid) experienced with HIV and promote effective manage-
lower death rates than the uninsured. In ment of the epidemic by providing access
the same study, the researchers found that to comprehensive care to the greatest
states which have Medicaid programs and number of individuals with HIV infec-
less restrictive eligibility regulations and tion” (p.134).
vii
Journal of Scholarly and Scientific Perspectives Number 2
nel; and administrative inefficiency due to and that the effects are proportional to the
lack of coordination, collaboration and size of the urban centers. Therefore, urban
citizen participation in projects and lack areas that are centers of specialization,
of transparency and accountability in de- civilization and enlightenment tend to
cision making related to public manage- influence, modernize and civilize the na-
ment. Worst of all, this form of poor gov- ture of tradition-bound, agricultural prac-
ernance is reinforced by bureaucratic cor- tices for better productivity. In this case,
ruption, nepotism and absentism. To turn the dynamic role of the central place the-
the situation around, the author recom- ory of urbanization, in which this case
mends the employment of effective gov- study is theoretically rooted, cannot be
ernance as a prerequisite for unleashing overemphasized.
energy for providing citizens with the Dr. Aliya N. Chaudry, a lawyer, has
necessities of urban living of which ade- relied predominantly on interdisciplinary
quate shelter, clean environment, health virtual reality sources to write Legal Is-
care, education, nutrition, employment sues Impacting Individuals with
and security are paramount. HIV/AIDS. She argues that Acquired Im-
Dr. O.B. Ekop has empirically ana- mune Deficiency Syndrome (AIDS) is
lyzed the role and centrality of urbaniza- caused by the Human Immunodeficiency
tion in the dialectic of change. Low pro- Virus (HIV), which was first reported in
ductivity in agriculture and other eco- the United States in 1981. Since that time,
nomic endeavors are recognized problems however, AIDS has fast grown to become
of most rural settings in Nigeria. This a major pandemic, not just in the United
study examines innovative diffusion proc- States but all over the world. This epi-
ess as a phenomenon of change for higher demic has brought with it a multitude of
agricultural productivity in the rural areas legal issues and dilemmas for individuals
of Adamawa State in northeastern Nige- with HIV/AIDS. For example, individuals
ria. Using a stratified random sampling with HIV/AIDS have been discriminated
technique, 154 settlements in fifteen local against, fired from their jobs, denied ac-
government areas in the northern part of cess to Medicare and have had their pri-
the State were selected for the study. vacy invaded. Fortunately, however, indi-
These include the headquarters of three viduals with HIV/AIDS, like other indi-
local government areas and five districts. viduals with a disability, are not without
Kendal’s ranking coefficient method was recourse. The United States has a variety
applied to categorize the settlements. The of laws in place to protect the rights of
rank scores were converted to ‘z’ scores such individuals. HIV/AIDS individuals,
and the settlements stratified on two ur- while they seek therapy amidst a continu-
banization scales of low and high. A chi- ous discriminatory environment, need to
square test was applied to test the signifi- be aware of their legal rights. Having such
cance of the difference between the high knowledge will enable them to triangula-
and low urban groups. The results showed tively navigate societal huddles in their
that settlements in the high urban group search for justice in the workplace as well
were susceptible to a faster rate of adop- as in the distributive political and judicial
tion of improved innovations for higher environment.
productivity than those in the low urban This research project is a feat for
group, thus confirming the hypothesis that Langston University. The editors are ex-
urbanization is an important factor in rural tremely grateful for the support they have
economic and social processes of change received from Presidents JoAnn Haysbert
x
Preface
xi
HIV/AIDS and Tropical Africa: The Past, the Present and
the Probable Future. An Anthropological Perspective
Maxwell Owusu
Department of Anthropology
University of Michigan
Ann Arbor, Michigan
than men in several African countries HIV in 1981. According to The Oxford Dic-
sero-positive? (d) How is HIV/AIDS un- tionary of New Words (1992) HIV/AIDS
derstood in various cultures and belief is “a complex condition which is caused
systems in tropical Africa?, (e) What can by a virus called HIV and which destroys
be done about the epidemic with respect a person’s ability to fight infection”
to the spread, prevention, treatment, con- (1992:9).
trol or containment if not cure? These are, By the mid 1980s, the disease was
of course, complex and difficult questions already reaching epidemic proportions in
with very few clear and firm answers. The the US. By March, 1987, 99 countries had
paper is offered as a modest effort in the reported 44,652 cases to the World Health
search for clearer answers to some of Organization (WHO). Because testing was
these questions. That there exists a seem- not available in many countries and the
ingly dramatic escalation with which a cases were voluntarily reported, the actual
low prevalence situation can change to a number of AIDS cases was estimated to
very high one is clearly demonstrated by exceed 100,000 worldwide. Lincoln C.
the South African experience. HIV preva- Chen has observed that this clinical case
lence among South African women at- level “implies some 3000,000 to 500,000
tending ante-natal clinics was less than infected persons with milder AIDS related
one percent in 1990. A decade later, it had symptoms, and perhaps five ten million
climbed to more than 24 percent. As asymptomatic carriers” (1987:183).
UNAIDS correctly points out, “All coun- At this period, AIDS cases were scat-
tries have at some point in their epidemic tered across most western European coun-
histories been low prevalence countries” tries, such as France (1,221 cases), West
(UNAIDS, 3001:5). What this means is Germany (959 cases), and the United
that a relatively low prevalence setting Kingdom (686 cases). In the United States
characteristic of some countries, regions, there were 31,982 cases of AIDS accord-
localities or groups in sub-Saharan Africa ing to the United States Center For Dis-
today does not justify complacency, espe- ease Control. Only 103 cases in 12 Asian
cially given the fact that in the absence of countries had been reported. Indeed, in
regular universal, periodic testing for China and India, the world’s two most
HIV/AIDS, particularly among the poor, populous countries, the general view was
illiterate, rural and urban populations of that, unlike Southeast Asia (Thailand and
sub-Saharan Africa, there may exist in any Philippines particularly) where wide-
country, region or locality hundreds, if not spread female and male prostitution that
thousands, of symptomatic HIV carriers, caters to international tourism might fa-
who may unwittingly continue to infect cilitate the rapid spread of HIV/AIDS in
others and perpetuate the vicious cycle. those countries, conservative sexual be-
havior and patterns were likely to limit the
The Evolution of the Global Pandemic spread of HIV/AIDS (Chen, 1987:183).
However, in a 2003 UN HIV report by
A good part of a satisfactory answer UNAIDS a decade and a half later, Peter
to the question of the uneven spread of Piot, head of UNAIDS, warned that China
HIV/AIDS infection across time and was at “the very, very beginning of an
across culture and geographic areas may AIDS epidemic” with the number of new
lie in the origin, nature and causes of the infections rising at 30 percent a year in
epidemic disease. The first cases of Ac- recent years. He also pointed out that the
quired Immune Deficiency Syndrome incidence of HIV/AIDS was also rising
(AIDS) were reported in the United States rapidly in India and Vietnam among oth-
4 Journal of Scholarly and Scientific Perspectives Number 2
ers (Financial Times, Wednesday, No- AIDS Epidemic (1987)was a U.S. bestsel-
vember 26, 2003:6). ler, refers to Central Africa as “an unde-
It is worth noting that in sub-Saharan veloped region” that “seemed to sire new
Africa during the early phase (1980s-early disease with nightmarish regularity”
1990s) of the emergence and spread of (1987:4). Moreover, the battle between
HIV/AIDS, countries in central and east- humans and disease was nowhere more
ern Africa – Democratic Republic of the bitterly fought than in the fetid equatorial
Congo (Zaire), Rwanda, Zambia, Malawi, climate where heat and humidity fuel the
Tanzania, Kenya, Uganda, Burundi, and generation of new life forms. For an illus-
the Republic of the Congo – were the tration, Shilts mentions the example of the
worst affected. Fewer cases were reported Ebola fever virus in 1976 in a village
in western and, quite surprisingly, south- along the Ebola River in the Democratic
ern Africa even though there were disturb- Republic of the Congo (Zaire) – Sudan
ing signs that HIV/AIDS was spreading border, there was a virulent outbreak of a
there as well. In the later phases of the horrifying new disease named after the
spread of HIV/AIDS (late 1990s and early Ebola River that claimed the lives of 53
2000s) the countries of southern Africa percent of its victims (about 153 people).
have replaced or joined eastern and cen- The victims of Ebola disease suffered
tral African countries as among the lead- from fevers and uncontrollable bleeding.
ing most infected sub-regions of tropical The disease was once contracted, appar-
Africa. There was a seemingly dramatic ently sexually transmitted and could be
escalation of a low prevalence situation to passed on through contact with a victims
infect others and perpetuate the vicious infected blood. In this case, as in the case
cycle of the spread of HIV/AIDS. Of of HIV/AIDS, sex and blood are two ter-
course, one of the basic challenges of the ribly efficient ways of spreading a new
fight against the spread of HIV/AIDS in virus. The Ebola fever virus shows how
tropical Africa remains the prevalence of endemic new viruses are to an environ-
a host of untreated, neglected or unknown ment of tropical underdevelopment, pov-
opportunistic infections from an array of erty, ignorance, ‘primitive’ medicine and
parasites that put at risk thousands of Af- the dangers they pose to human life and
ricans who are immune-suppressed. well being.
Of course, one of the basic challenges Moreover, one European historian
of the fight against the spread of has argued that humans who first evolved
HIV/AIDS in tropical Africa remains the in Africa millions of years ago migrated to
prevalence of a host of untreated, ne- Asia and Europe simply to get to climates
glected or unknown opportunistic infec- that were less hospitable to deadly mi-
tions from an array of parasites that put at crobes that the tropics so efficiently bred
risk thousands of Africans who are im- to germinate (Shilts, 1987:103). Be that as
mune-suppressed. it may, Robert S. Desowitz has pointed
out that the world’s “real” health prob-
Biology, Epidemiology, and the African lems are “the perpetual, infectious patho-
Origin of HIV/AIDS gens some of which [become] more
pathogenic in the HIV infected”
Indeed, it has been claimed that tropi- (Desowitz, 2002:5).
cal African geography, if not history and In this connection, the recent call by
culture makes central Africa the ideal host David Molyneux (Liverpool School of
to deadly diseases and epidemics. Randy Tropical Medicine), Peter Hotez (George
Shilts, whose Politics, People, and the Washington University) and Alan Fen-
HIV/AIDS and Tropical Africa 5
wick (Imperial College London) for the former director of Wistar Institute (1957-
launch of a “small costs, huge impact” 1991) in Philadelphia, Pennsylvania, and
public health program in sub-Saharan his team. The polio vaccine derived from
Africa makes good sense. The three lead- contaminated chimpanzee blood and kid-
ing medical specialists warned that con- ney tissues which was injected into over
centration on the “big three” diseases of one million unsuspecting Africans in a
AIDS, tuberculosis and malaria has di- massive polio campaign in Central and
verted resources from half a dozen easily East Africa-Belgian Congo (Zaire)
treated illnesses, e.g., lymphatic filariasis, Rwanda, Burundi, and Uganda in the mid
schistosocerciasis, intestinal helminths, to late 1950s (see the Sundance documen-
onchocerciasis, and trachoma, that have a tary film The Origins of Aids, co-produced
greater impact on health care and eco- by Multi-Media France Productions in
nomic development in Africa. They stress association with Channel 4 (UK), Radio
that treatment of several “neglected dis- Canada, Canadian Broadcasting Corpora-
eases” would also reduce the risk of con- tion et al; see also Sundance.com).
tracting serious malaria and TB (Financial It is in this context that the recent ini-
Times, Tuesday, October 11, 2005: 7). In tial refusal of leaders of the predominantly
black Africa, thousands of immune- Muslim northern Nigerian states recently
suppressed people continue to die from refused to allow the immunization of chil-
gastrointestinal parasites, the most com- dren against polio, which was spreading
mon opportunistic infections of the re- across West Africa, believing that the po-
gion. lio vaccine was contaminated or fearing
But there is another more sinister that African children would be used as
twist to the African origins and early “guinea pigs”. The decision not to permit
spread of HIV/AIDS story, that is a con- northern Nigerian children to be immu-
troversial theory debated by the British nized against polio jeopardized WHO’s
Academy of Sciences at a Royal Society hopes of eradicating the disease by the
conference in London in 2000 and flatly end of 2004 and was of little moment to
rejected by the Western scientific com- the rightly suspicious leaders. In Central
munity on the grounds that the theory Africa, AIDS was simply called “the hor-
lacked hard scientific data to support it. ror sex disease” (Shilts, 1987: 510).
The HIV virus was first isolated in It has been suggested and vehemently
1983 by scientists of the Pasteur Institute disputed by Africans that HIV/AIDS
in Paris. The theory in question, first re- probably originated in Central Africa,
ported by Tom Curtis in an article in Roll- considered the epicenter of the disease
ing Stones magazine and subsequently where the disease remains prevalent. An
elaborated on by Edward Hooper, a writer entry in The Oxford Dictionary of New
who defended the theory unsuccessfully at Words (1992) claims that the condition
the Royal Society Conference, claims that was first noticed by doctors at the end of
HIV/AIDS, the worst medical catastrophe the 1970s, although later research has
ever experienced by humankind is related shown that a person died from AIDS as
to the SIV virus carried by chimpanzees, long ago as 1959 and that the virus which
which is similar to The HIV virus and causes AIDS may have existed in Africa
believed to be ancestral to it. According to for a hundred years or more, carried pre-
the theory, the HIV virus originated from sumably by monkeys (apes or chimpan-
contaminated experimental polio vaccine zees) and transmitted to humans who un-
developed in the Belgian Congo (Zaire) suspectingly consumed monkey and other
by Dr. Hilary Koprowski, a virologist and types of “bush meat” (see 1992:9-10).
6 Journal of Scholarly and Scientific Perspectives Number 2
In sub-Saharan Africa that the first herbalist claimed that he had found a
cases of HIV/AIDS were reported in herbal antidote for AIDS. The first re-
1985/1986, years after HIV/AIDS had ported cases of AIDS involved foreign
been reported in the US (where technol- citizens, Ghanaians initially came to be-
ogy and expertise for HIV/AIDS testing lieve that HIV/AIDS was foreign and
were easily available) in 1981. For in- therefore an “unGhanaian” disease.
stance, The Lancet (19 October, 1985, p. However, it is interesting to observe that
849) reported that “[a] new disease has when rumors began to spread across Ac-
been recently recognized in rural Uganda. cra, the Ghanaian national capital, that the
Because the major symptoms are weight Ghanaian husband of the HIV-positive
loss and diarrhea, it is known locally as German wife was also HIV-positive, and
slim disease” (my stress). The Independ- had sex with several University of Ghana,
ent (Sunday, 1, April 1990 Sunday Re- Legon, female students (the couple were
view Section p. 10) notes that “Because it believed to be staying on the Legon cam-
is the skilled elite…who have most money pus). Legon female students were auto-
to spend on womanizing, it is this group matically stigmatized as HIV-positive.
which is suffering the worst ravages of This was not surprising as Legon female
slim” (The Oxford Dictionary of New students are stereotyped as sexually active
Words 1992:267). In Central Africa, and “loose”. For days, frightened Accra
AIDS was simply called “the horror sex Makola Market women sellers of produce
disease” (Shilts, 1987,510). refused to have contact with or sell to any
young women who looked like university
In Central Africa students for fear of contracting
HIV/AIDS. Later on, as AIDS cases were
In Lesotho, southern Africa, the first reported among Ghanaian sex workers
reported HIV/AIDS case in 1986 involved returning from Cote d’Ivoire, the disease
a foreign white. As a result, the Basotho was thought to be an advanced form of
called HIV/AIDS Koatsi ea bosolla-tlhapi gonorrhea. As a result, AIDS was called
(the disease that belongs overseas). But as in Ghana Cote d’Ivoire babaso, meaning
the virus started to spread among Afri- Cote d’Ivore gonorrhea. As more and
cans, the name changed to Mokakallane more Ghanaian women were reported to
oa setla-bocha (influenza that has made a have contracted HIV/AIDS, the disease
comeback). Historically, mokakallane is came to be identified as a women’s dis-
the name the Basotho gave to the fatal ease. The acronym AIDS came to stand
influenza epidemic which is reported to for “Akosua Is Dying Slowly” Akousa is
have killed over 15,000 people mostly in an Akan name for a female child born on
the 20-40 age group. The Basotho see Sunday. (dee Sackey, 2001:63). Indeed
resemblances between the historic mo- AIDS may just as well apply to any fe-
kakallane and the contemporary male child born on any day of the week as
HIV/AIDS epidemic as both of them kill all the female names on any day begin
people in large numbers and affect almost with the letter ‘A’: Adwoa (Monday);
the same age groups (litsepiso; 2004). Abena (Tuesday); Akua (Wednesday);
Like Lesotho, the first reported Aba-Yaa (Thursday); Afua (Friday); Ama
HIV/AIDS sero-positive cases in Ghana (Saturday) and, of course, Akosua (Sun-
were a foreign couple from Germany who day).
had traveled to Ghana in search of herbal In a similar vein, the early prevalence
treatment in 1986. At this time, there were of AIDS among homosexual populations
press reports that a well-known Ghanaian in the U.S. at first earned the disease the
HIV/AIDS and Tropical Africa 7
acronym, GRID (gay related immune dis- cisco, 49 percent of the homosexual popu-
ease) or gay plague before AIDS became lation was sero-positive (Chen, 1987:
better understood (The Oxford Dictionary 183). During the same period, in sub-
of New Words 1992). Saharan Africa, AIDS appeared to be con-
Be that as it may, there is no doubt centrated in newborns and among adults
that since the late 1980s, AIDS has been of both sexes in urban areas. Heterosexual
spreading at an alarming rate among and mother-to-child transmission, as al-
women in sub-Saharan Africa (UNAIDS, ready indicated, were the predominant
1991). Up to 40 percent of women aged modes of transmission.
30-39 are estimated to be infected. In The fact of the rapid growth of mother-
1993, 45 percent of all new cases of AIDS to-infant transmission of HIV/AIDS
infections in adults were women (Ander- through pregnancy, child-bearing and
son, 1997). breast feeding, traditionally considered a
It has also been noted that AIDS fell woman’s sacred duty in African societies,
disproportionately among women in their poses a serious threat to the natural order
child bearing years (Anderson, Schneider, of African kinship and marriage and thus
and Stoller, 1995). The trend towards ma- to the normal growth and development of
trifocality of AIDS infection seems to be a entire lineage, clan or ethnic communities
reversal of the pattern noticeable during doomed to see not only the older genera-
the early phase of the report of cases of tions of fathers and mothers condemned to
HIV/AIDS infection (in the early to mid death or long term disability but large
1980s). At this time, Lincoln Chen numbers of their new generations sons
pointed out that two epidemiological pat- and daughters, nephews and nieces
terns of AIDS were identifiable. In North equally condemned to premature or early
America, a preponderant majority of cases death, thus undermining or totally de-
(over 90 percent) were among homosex- stroying any hope for inter-generational
ual, bisexual, hemophiliacs and those ex- cultural and social continuity, not to men-
posed through intravenous drug abuse or tion the negative effects on potential eco-
contaminated blood products. Inn sub- nomic growth and development required
Saharan Africa, there were as many fe- for the alleviation of an objective and
male as male cases and the age distribu- grinding poverty in rural and urban Af-
tion was bimodal-concentrated among rica.
adults and newborn children. Heterosex-
ual (rather than homosexual or bisexual) ‘Trade’-Routes of Transmission
and mother-to-child (matrifilial) transmis-
sion were the predominant modes of In sub-Saharan Africa as elsewhere,
spread. In the Caribbean (Haiti) the male- the four routes of HIV/AIDS transmission
predominant North American pattern was are as follows: (a) sexual intercourse; (b)
the norm initially, but later the African blood products; (c) needles and skin cuts;
pattern of equal male-to-female ratio and (d) mother-to-unborn or newborn
gradually evolved (Chen, 1987:183). It is child. HIV has been isolated from blood
noteworthy that in the United States dur- semen, vaginal and cervical secretions,
ing the early period, AIDS was concen- saliva, tears, breast milk and urine. A pre-
trated in those cities where large numbers ponderant majority of transmission is
of high-risk individuals lived. In New through sexual intercourse (vaginal, oral,
York 58 percent were heroin addicts and and anal). In adults, the latency period
had antibodies demonstrating previous from infection to clinical disease varies
exposure to the AIDS virus. In San Fran- from six months to five or more years.
8 Journal of Scholarly and Scientific Perspectives Number 2
Within five years, it is estimated that 10- sity and related health problems; a high
30 percent of infected persons will de- birth rate and equally high infant motility
velop AIDS, while another 20-50 percent rate, a high rate of unemployment, espe-
will suffer milder AIDS related symp- cially among the youth, a low real income
toms. That is, at best 70 percent and at per capital (a majority living on less than
worst only 20 percent of infected persons one U.S. dollar a day), inadequate social
will remain completely healthy five years and physical infrastructure, high rate of
after infection. It cannot be over empha- illiteracy, low levels of technology devel-
sized that AIDS is lethal, and living with opment, and ,in short, low levels of hu-
AIDS can be emotionally and psychologi- man development. HIV/AIDS pandemic
cally devastating. Without adequate and has simply and tragically compounded
diligent anti-retroviral treatment, it is es- Africa’s endemic human development
timated that 50 percent of AIDS sero- crisis.
positives die within 19 months and 90 It is noteworthy that in January 2000
percent within five years. In children, the the United Nations Security Council
latency period is even shorter and clinical (UNSC), considering rightly the
diagnosis and death come earlier (Chen, HIV/AIDS epidemic as a global security
1987). issue, held a debate on the epidemic. This
was the first ever debate on a health de-
AIDS Epidemic in Historical Perspec- velopment-related question by UNSC and
tive the first of several high-level AIDS- re-
lated meetings held at intervals throughout
The sheer scope of The HIV/AIDS 2000 and 2001 by various regional gov-
crisis in sub-Saharan Africa defies historic ernments and heads of state (Kelly and
and cultural imagination. The genocidal Bain, 2005:3).
devastation and the biological and cultural Thus at a gathering in Abuja, the fed-
consequences of what WHO has called eral capital of Nigeria, the Abuja Declara-
“the worst epidemic in centuries” (Finan- tion of April 2001 stated that the epidemic
cial Times, May 12, 2004:4) begs descrip- of HIV/AIDS, tuberculosis and other re-
tion. The ugly statistics are simply numb- lated infectious diseases, through their
ing. An estimated 34 million to 46 million potential to undermine development, so-
people world-wide are infected with cial cohesion, political stability and food
HIV/AIDS, the vast majority in sub- security, constituted not only a major
Saharan Africa. By the end of 2003 over health crises but the greatest global threat
15 million people had died, 20 percent of to the survival and life expectancy of the
them were children. There were close to peoples of Africa.
29 million Africans living with The significance of the Abuja Decla-
HIV/AIDS, over half of them women be- ration is that it was accompanied by a
tween 15 and 49. framework or a program of action for con-
The HIV/AIDS epidemic could not trolling the spread of HIV/AIDS and
have hit the crisis-ridden sub-region of mechanisms for monitoring how the plan
Africa at a worse period in postcolonial was to be implemented in African coun-
African history. Since independence, tries.
Africans have been struggling with only The various regional meetings on
limited and uneven success against civil HIV/AIDS culminated in the June 2001
war, low life expectancy, poor and inade- UN General Assembly Special Session
quate medical services, poor diet, hunger, (UNGASS) on HIV/AIDS crisis with in-
starvation and malnutrition and lately obe- tensified action and increased resources.
HIV/AIDS and Tropical Africa 9
A practical result of the UNGASS was the All employees are offered regular
establishment of the Global Fund to deal HIV tests, counseling, and, if needed,
with AIDS, Tuberculosis, and Malaria anti-retroviral drugs to keep them healthy
(GFATM), a promising, significant, inno- and productive. Under a scheme launched
vative and importantly independent part- in 2002, some 2,300 people now get drug
nership between the public and the private treatment that costs the firm $245.00
sector, bringing together government, (U.S.) a month per patient. Hundreds of
business, non-governmental organizations lives have been saved. Workers’ families
(NGO) and other stakeholders in civil are offered testing and treatment, too. The
society to address the challenge posed by program is now expanding from the
the pandemic. The basic objectives of workplace to clinics in towns and villages
GFTAM are to increase global resources near mines in partnership with LoveLife,
to fight the “big three” life-threatening an AIDS charity (The Economist, Decem-
diseases, direct these resources where they ber 4, 2004:68).
are most needed and ensure that they are In the countries of tropical Africa
used effectively (Kelly and Bain, 2003:4). deeply ravaged by The HIV/AIDS epi-
The continuing, unabated spread of demic, the resulting reduction of average
HIV/AIDS world-wide but more particu- life expectancy speaks loudly and elo-
larly in sub-Saharan Africa, has made quently. In Botswana, one of the few po-
such intensified political intervention and litically stable and economically success-
public-private partnership critical. ful countries in tropical Africa, life expec-
Already, the government (public sec- tancy is 39 years, down from 61 just seven
tor) and business (private sector) partner- years ago (1996); in Namibia, 33 years
ship to fight HIV/AIDS, is yielding bene- down from 70, and in South Africa, 38
ficial results in South Africa. down from 68, all countries which had
In December 2004, the International made substantial progress in living stan-
Finance Corporation launched a guide for dards in the past few decades.
mining firms on how to respond to the The HIV/AIDS epidemic has also had
disease. In late November 2004, the South a drastic and equally damaging effect on
African Business Coalition on HIV and the youth of sub-Saharan Africa. Indeed,
AIDS published a survey of over 1,000 there is hardly an aspect of tropical Afri-
firms on the impact of AIDS. Among can society and culture in which the epi-
mining houses, 60 percent said the disease demic has not wreaked some havoc. Yet if
was hurting profits and productivity. Al- one were to name one social group that
most 50 percent of all financial firms and has been adversely affected the most by
manufacturers said the same. Sick work- HIV/AIDS, it would be the youth and
ers and those retiring early or those who children on whom Africa’s future de-
die on the job all make doing business pends. In the countries of eastern, central,
more expensive, especially in South Af- and southern Africa in particular, there are
rica (and other African countries) where thousands, if not millions, of young chil-
the supply of healthy, skilled alternative dren growing up without one or both par-
workers is limited. Rehiring, retraining ents because they have died from
and tackling low morale are costly. Thus, HIV/AIDS-related diseases.
the global mining giant, Anglo-American, According to a report released at the
today creates a health profile for every end of 2003 by UNICEF, 11 million chil-
one of its 135,000 southern African work- dren under the age of 15 in Africa have
ers. lost one or both parents to HIV/AIDS. It is
estimated that by the end of the decade
10 Journal of Scholarly and Scientific Perspectives Number 2
(2010) that number is likely to have citizens (the highest number in the world
climbed to 20 million. In a dozen coun- for any one country) except India and
tries in the sub-region of Lesotho, Swazi- where 600 people a day die of AIDS-
land, Botswana, Zimbabwe, Mozambique, related diseases, it is argued that the ab-
Zambia, Namibia, Malawi, Rwanda, sence of parents in so many families
South Africa, Central Africa Republic, would severely damage the process of
and Burundi,- between 15 and 25 percent passing on knowledge and culture to fu-
of children will be orphans. Carol ture generations as well as lead to lower
Bellamy, the executive director of school attendance rates. The World Bank
UNICEF, warns, “They [orphans] are a report particularly stressed the damage to
crisis that is massive, that is growing, that the country’s human capital, which, if
is long term and unless governments and unchecked, could lead to “economic col-
the international community intervene, we lapse” within four generations (Financial
are creating an explosive situation (Geoff Times, Friday, November 21, 2003:6).
Dyer, ‘Africa Fighting AIDS/HIV’, Fi- With respect to education, it has been
nancial Times, Friday, January 23, suggested that improved educational ac-
2004:29). cess is one area where African govern-
The countries with the highest num- ments, with the assistance of the interna-
ber of AIDS orphans are Botswana, Leso- tional community, can help reduce the
tho, Swaziland (all former British High- social impact of HIV/AIDS. Sub-Saharan
Commissioned Territories) and Zim- African countries are among those with
babwe. Of those orphans, 50 percent are lowest primary school enrollment (The
between 10 and 14 years old, while 35 Economist Pocket World in Figures, 2004
percent are between five and nine. What is Edition, 2004:74).
more, young people are also the most UNICEF argues strongly for the abo-
likely to become HIV/AIDS positive ac- lition of all fees for basic education (uni-
cording to the UNICEF report. In one versal fee-free compulsory education) to
study, half of the new infections were in make it easier for children from orphan
the 15-24 age group. Young women ap- families to attend. It also argues that pub-
pear to be particularly at risk, partly be- lic policy should be directed at supporting
cause of the pressure they face in some extended families which have traditionally
sub-Saharan African countries to have sex provided safety-net/social security for
(mostly unprotected) early with their peers their members and which are most likely
as well as older men, who believe that to pick up and shoulder the burden from
having sex with nubile teenage girls is a HIV/AIDS deaths. The death of a parent
prophylactic against contracting or parents not only means that grandpar-
HIV/AIDS. ents and uncles and aunts, brothers and
The social and cultural consequences sisters, and cousins often have to look
for the future health and well being, not to after children but it also puts other finan-
mention the survival, of the well- cial pressures on extended families. A
celebrated African extended family and study in four provinces in South Africa of
lineage organization on which the integ- the households which had suffered AIDS-
rity of indigenous African cultures depend related deaths found that one-third of the
are even more ominous. A World Bank annual income was spent on funerals
report in 2003 also warned of the potential alone. What is particularly disturbing is
economic effects of the rise of HIV/AIDS that many of tropical Africa’s worst af-
orphans. Focusing on South Africa, which fected HIV/AIDS countries, unlike South
has an estimated 5 million HIV/positive Africa which has relatively better social
HIV/AIDS and Tropical Africa 11
services, only had modest networks of nosed HIV positive in 1991 and a pas-
social provision and healthcare delivery sionate UN volunteer AIDS activist,
even before being hit by the HIV/AIDS points out correctly, “The illiteracy rate
epidemic. and the growing poverty problems on the
Again, it is estimated that about 40 continent are certainly aggravating the
percent of tropical Africa’s population issue of AIDS in Africa. The issue is now
living in countries where the prevalence multidimensional. It is now a develop-
of HIV sero-positivity remains substantial, ment issue.” She goes on to explain that
more than one-third of the population at “when the South African President, Thabo
risk will be infants potentially exposed by Mbeki stressed the fact that HIV does not
peri-natal transmission. AIDS could in- cause AIDS, his message was misinter-
crease childhood and overall mortality in preted, or rather he missed the point
central Africa by at least 20 percent and slightly. …Mbeki’s stand, I suppose, was
even higher in other regions, especially the belief that the continent of Africa has
southern Africa. several depressing factors, all playing
The World Heath Report, 2004 indi- different parts in the spread of the disease.
cates that the percentage of HIV preva- The ultimate immune deficiency syn-
lence among 15-49 year olds in leading drome and the resulting problems are only
countries in sub-Saharan Africa is as fol- a manifestation of the many problems,
lows: Botswana, about 38 percent; South malnutrition, hunger, starvation, and nu-
Africa, about 20 percent ; Malawi, about merous disease on the African continent”
15 percent ; Kenya, about 12 percent; (Bernard Otabil, West Africa 11-17 June,
Tanzania, about 8 percent; Uganda, about 2001:12). Brigitte Syamlaevwe’s holistic
5 percent; Nigeria and Chad, about 4 per- approach to the AIDS epidemic in tropical
cent each. The lowest is Senegal, 1-2 per- Africa brilliantly echoes a point made
cent (The Economist, May 15, 2003:78). more than a generation ago by George
The actual incidence and rates of spread H.T. Kimble in his assessment of the
of HIV/AIDS among all demographic status of health and wellbeing of tropical
groups may never be known until it is too African populations in the colonial period.
late. This is because HIV/AIDS surveys in George Kimble observes that “lack-
tropical Africa tend to be of special popu- ing a balanced diet and adequate protec-
lation sub-groups, namely pregnant tion against cold and damp and living in
women in hospitals or clinics; women and ignorance of the elementary principles of
children using hospitals and clinics mostly sanitation and out of reach of hospitals,
in urban areas; patients attending sexually doctors and drugstores.…For him sickness
transmitted disease clinics; and samples of is the norm; it starts at birth … and con-
female prostitutes or sex workers. Large tinues until death. And he is a very lucky
areas of the countryside where a majority African who is not sick of more than one
of Africans live are yet to be systemati- thing” (1960:33). Kimble goes on to indi-
cally surveyed for HIV/AIDS infection. cate that diseases affect the African more
The explosive character of HIV/AIDS or less permanently and make it difficult,
in sub-Saharan Africa suggests that a if not impossible, for him to go on sup-
whole host of interrelated factors geo- porting himself for the better part of his
graphical, historical, cultural, economic, life, which, depending on the disease, may
and social–may be facilitating transmis- mean a few months or many years; (b)
sion. It is noteworthy that in an interview sicknesses that allow him to go on sup-
Brigitte Syamalevwe, a Zambian educator porting himself, but with impaired vitality,
and mother of 11 children who was diag- but for less than the customary span of
12 Journal of Scholarly and Scientific Perspectives Number 2
life; and (c) sicknesses that occur epi- its spread, its control and containment;
demically whenever there is a favorable absolutely demands, in addition to a
concurrence of organic and inorganic fac- stepped up AIDS awareness, education in
tors. both rural and urban Africa, by govern-
In the first group, (a) belong to the ments and non-governmental organiza-
following: malaria, trypanosomiasis tions and AIDS activists, universally
(sleeping sickness), bilharziasis, leprosy, available accessible and affordable cock-
tuberculosis and a number of deficiency tails of anti-retroviral drugs, and a holistic
diseases. Some of these are known to be approach that includes the following: bet-
opportunistic diseases of HIV/AIDS. In ter employment opportunities and a living
the second group, (b) comes a number of wage that raises the average standard of
other worm infections (ascariasis) yaws in living, improving the diet and nutrition of
tits tertiary or late forms, various intestinal the average African, and better sanitation
disorders; pneumonia, ulcers and venereal and public health along with a develop-
diseases (gonorrhea, syphilis, and other ment strategy that succeeds in lifting the
sexually transmitted diseases (STDs); in ordinary African, particularly the African
the third group, (c) belong plague, woman, out of abject poverty in the short-
rickettsial diseases (typhus), yellow fever, est possible time.
smallpox, influenza, meningitis, and the Along with an ongoing AIDS strategy
epidemic explosions of such endemic dis- focusing on awareness, prevention and
eases as malaria and trypanosomiasis nutrition, the South African government,
(Kimble, 1960:35). in August 1993, launched an ambitious
Malaria has long been a chief threat operational plan on an anti-retroviral
to the health as well as life throughout treatment program “as a matter of ur-
tropical Africa. It can be fatal, especially gency” (Financial Times Tuesday, No-
among children – malaria kills more than vember 20, 2003:6). The program called
one million people a year across the for at least one “service point” offering
world, 90 percent of them, Africans and anti-retrovirals (ARV’s) in each of South
the majority are children (Financial Africa’s 53 health districts by the end of
Times, April 24, April 25, 2004:4). What its first year. Within five years, it aims to
is particularly disturbing about malaria is provide all South Africans who require
its indirect effects in undermining health, comprehensive HIV/AIDS care and
thereby rendering its victims susceptible treatment “equitable access to the program
to other infections. within their municipal area.” South Af-
Malaria is a debilitating disease for rica’s Department of Health estimates that
which no traditional African pharmaco- more than 50,000 people will receive
poeia has a cure; in chronic forms, malaria ARVs in the first year alone. The number
gives rise to loss of appetite and weight, will increase to more than 1 million by
low irregular fever, general weakness and 2007 (Financial Times, Wednesday, Janu-
anemia of varying severity, the symptoms ary 21, 2004:11). Senegal with perhaps
of which can mimic HIV/AIDS. What is the lowest rate of HIV sero-positivity in
more, malaria costs African countries an tropical Africa, has also enacted a similar
estimated $12 billion a year in lost GDP nationwide HIV/AIDS treatment program.
and consumes about 40 percent of the The examples of Senegal and South Af-
continent’s health care spending (Finan- rica (with the largest pool of HIV/AIDS
cial Times April 24, and 25, 2004:4). All positive people) are worth emulating by
this suggests that an assault on HIV/AIDS all African countries.
in tropical Africa, its prevention, arrest of
HIV/AIDS and Tropical Africa 13
AIDS, Culture and the Supernatural distant countries. Migrant miners, truck
drivers and prostitutes are what World
As already noted, parallels have been Bank and other development agencies
drawn between AIDS and the catastrophic refer to as “groups with high risk behav-
epidemics of human history: the Black ior” with respect to HIV. It is not uncom-
Death plague of 14th century Europe, mea- mon for bar girls and local prostitutes
sles, smallpox, syphilis following the servicing migrant workers and truck driv-
post-Columbian discoveries of the New ers to have sex with twenty or more dif-
World; and cholera, typhoid and influenza ferent men every week (Helen Epstein,
in the 19th and 20th centuries that killed The New York Review of Books. Vol.
thousands of people world-wide. Histori- XLIXL, Nov. 8, May, 2002:43-49;
cally, epidemics have usually accompa- Owusu, 1999:340-343).
nied natural disasters or have occurred at Other notable characteristics of
times of socio-political turmoil, particu- AIDS, in contradistinction to contempo-
larly civil wars, revolutions, large-scale rary and past epidemic diseases, include
population movements and periods of the fact that it is no respecter of persons,
rapid social change. But it has been well attacking rich and poor, healthy and un-
argued that the AIDS pandemic of the late healthy, young and old, the high and low,
20th century differs from historical health men and women, with equal viciousness.
crises in several crucial respects. Notable It is also transmitted primarily through
features specific to AIDS are 1) life long sexual contact, -a very private act sur-
infection, long latency periods, and, more rounded by social taboos which makes its
importantly, automatic transmission; 2) open and frank discussion and social ac-
partly due to improvements in world ceptance often difficult.
transport and communication-air, road, Any sexually transmitted disease is
rail, transoceanic-the AIDS pandemic has unequivocally “a bad thing”- immoral,
demonstrated unprecedented rapidity and evil, and shameful. People do not want to
breadth in spreading internationally. think about or talk about sex in polite so-
Whereas it took each of the cholera pan- ciety. Yet sex is a basic element in the
demics nearly 20 years to sweep across biological (mammalian) and cultural na-
Europe, it took only half a decade for ture of man.
AIDS to spread to over 100 countries The Western theory that HIV/AIDS
world wide. The nature of contemporary perhaps originated from black Africa is
society with its cosmopolitan values and countered by the popular view among
emphasis on mass international tourism, urban Africans that AIDS is a new, fatal
clearly has contributed to the global ex- and incurable disease which spread from
port and import of HIV/AIDS (Chen, Western societies where homosexuality
1987). It has become evident that a major (which to the conservative African mind
hidden cause of AIDS, especially in the is an abomination and unnatural act) is
countries of eastern, central and southern widely practiced and tolerated. The con-
Africa, with high rates of HIV sero- servative African view is that AIDS is
positivity, is the persistence of the colo- caused by engagement in abnormal sex,
nial tradition of international wage-labor or, more commonly, by bewitchment or
migration, a migrant labor system which ancestral wrath. Others see HIV/AIDS as
has led to the development of widespread chronic gonorrhea transmitted through
prostitution along truck stops near mines illicit sexual intercourse. Still others be-
and plantation to cater to the sexual needs lieve that HIV/AIDS is curable by means
of migrant workers away from home in
14 Journal of Scholarly and Scientific Perspectives Number 2
of divination, spirit mediumship of herbal among women, Nnamdi-Okagbue (1998)
medicine. has observed that the female. In sub-
The Yoruba people of southwestern Saharan Africa experienced economic
Nigeria believe that HIV/AIDS is an acute decline and widespread poverty, driving
form of gonorrhea, which can result from many women into sex-work, a high-risk
a curse put on a married woman who is occupation, must be mentioned, as well as
unfaithful to her husband or a man who rape and other forms of sexual abuse as-
engages in illicit sex with married women. sociated with civil war and refugeeism,
The disease is thus seen as a supernatural especially in eastern and central Africa,
punishment for immoral sexual behavior. which has forced women to engage in
Similar views concerning AIDS exist in unprotected sex. A more detailed discus-
many parts of sub-Saharan Africa. This is sion of the historical, social structural and
not surprising. It is the case that typically cultural factors that put Africans in gen-
traditional African society tends to moral- eral and African women in particular at
ize about “bad” things like pre-marital sex risk of HIV/AIDS infection will be pre-
or sex with a girl before her puberty rites, sented later in the paper. It is relevant to
which are thus tabooed, and the penalty be reminded at this point that four routes
for infraction, in the past, could be death. of the transmission of HIV/AIDS have
This leads to a situation in which an been identified.
infected person, once diagnosed with HIV In addition to supernatural explana-
positive finds it difficult to disclose his or tions of the causes and spread of
her HIV status because of the shame it HIV/AIDS, a number of African feminist
brings to him/herself and to members of scholars have identified several traditional
the extended family and lineage. The and customary practices, which they be-
result is that kin groups tend to stigmatize lieve are major contributory factors to the
and ostracize a kinsman or woman living high rates of AIDS infection in tropical
with AIDS. In Ghana, the conservative Africa, especially among women. First,
Christian view of what causes AIDS is they argue that the patriarchal nature of
similar to the traditional perception that African society forces women to submit
HIV/AIDS is a manifestation of the anger without question to sexual advances (they
of God or ancestors against sexual laxity assume are unwelcome or inappropriate)
and promiscuity. Increasingly, many radio by husbands and lovers, who often insist
preachers and televangelists in the country on having unprotected sex (that is, avoid-
attack people living with HIV/AIDS as ing the use of a condom, with the saying
deserving of their punishment. Some be- that one cannot enjoy sweets with the
lieve that the global spread of HIV/AIDS wrappers on).
has an apocalyptic message, a sign of the There is no doubt that in sub-Saharan
approaching end of the world, while for Africa, according to UNAIDS, three
others see AIDS as ‘bonsam yare’ – dis- women are infected for every two men,
ease of the devil (Sackey, 2001). and that by the end of 2003, the number of
women aged 15-24, living with HIV in
Feminization of AIDS: Fact and Fiction Africa was two and a half times higher
than the one for men of the same age set.
The change in the pattern of AIDS It is also true that no matter how they are
transmission, making women in Africa infected-- by a vicious and violent rapist
more vulnerable than men needs to be of by a loved one (husband or boyfriend),
explained. As to the factors contributing women in many African societies bear a
to the higher rates of AIDS infection disproportionate share of the burden of
HIV/AIDS and Tropical Africa 15
HIV/AIDS, for instance, many women, the changing Ghanaian attitude and be-
even when they themselves are sick, must havior toward love and marriage based on
care for family members with AIDS. In content analysis of letters to the advice
some rural areas of Zimbabwe, according column of a West African newspaper
to Matambanadzo, caregivers may have to clearly supports Omari’s findings (Jahoda,
collect as many as 24 buckets of water, 1965:143-158).
walking up to eight miles a day, just to Moreover, it is interesting to note
wash laundry soiled by the diarrhea and that in Muslim North Africa and the Mid-
vomit of the sick person. But when the dle East (not to mention Muslim Senegal),
women themselves become sick, there is patriarchy, in the sense of arranged mar-
no one to care for them. They are labeled riages by male family heard, female chas-
as the ones who gave their husbands the tity (purity from unlawful sexual inter-
disease. They are called witches (Amnesty course), that marriage can be polygamous
Now 2004:10). (a man can have up to four wives at a
The view that across sub-Saharan Af- time) while women must confine their
rica one of the principal causes of the sexual favors to their husbands only and
spread of HIV/AIDS from male to female to one at a time, and divorce initiated by a
bloodstreams is how little say women woman is discouraged and difficult to
have in the matter, that women have no obtain, but easier to obtain when initiated
right or power to say “no” to sexual ad- by a man, seems to have contributed to
vances they do not want, and that male very low prevalence of HIV sero-
chauvinism or patriarchy is largely to positivity in those societies. Conservative
blame can be misleading. Suffice it to sexual values of premarital teen absti-
point out that in a study by T. Preter Om- nence and fidelity to one’s spouses or
ari, a Ghanaian sociologist, on the role lovers do clearly prevent the spread of
expectations in the courtship situation in HIV/AIDS. In other words, patriarchy
Ghana, he concluded that “[T]he Ghana- alone cannot be a major cause of the
ian woman is no less independent than the spread of HIV/AIDS in sub-Saharan Af-
male [and this] holds true in the realm of rica. The view that men tend to con-
adolescent love” (Omari, 1965:153). What tract HIV/AIDS because of things they
is true of Ghana is certainly the case in done, while women are more likely to
many other West African societies. contract it because of things that have
Heterosexual intercourse, the norm in been have done to them – by men, needs
African societies, is, as a rule, consensual to be re-examined (The Economist, No-
in most African societies and based on vember 27th, 2004: 82).
complex, often nuanced and subtle cultur- In contemporary Africa, many rural
ally understood seductive negotiations and urban women, irrespective of age or
relying heavily on language and looks economic status, engage in what may be
between the sexes in which men and called sexual entrepreneurship – calcu-
women can and do take the initiative and lated sexually risky behavior- for material
see themselves as active participants. As or monetary and immaterial (non-
Peter Omari stresses in his study of role monetary) gain and profit, for example, a
expectations in the courtship situation in chance for marriage or overseas travel.
Ghana, the young Ghanaian woman “is Modern conditions (globalization and
liable to take an active role when actually international tourism) may have simply
presented with the situation, rather than a exacerbated a tendency which may have
passive one” (Omari, 1965:133). Another existed in some African societies for gen-
study by Gustav Jahoda which explored erations. For instance, in his study of kin-
16 Journal of Scholarly and Scientific Perspectives Number 2
ship and marriage among the Lozi of economic refugees-in many parts of Af-
Northern Rhodesia (Zambia) and the Zulu rica, sex has for generations been a way
of Natal (South Africa) Max Gluckman out of extreme poverty, overcrowded and
reports that among the Lozi, men and uncaring homes, and uncertain future. The
women were promiscuous and marriage problem is complicated by the pressures
unstable. Women looked at marriage ties of consumerist capitalist culture and the
as loose. Seduction, adultery and abduc- material goods on offer.
tion of wives were common (Gluckman, In Uganda, the government of Presi-
1950:180).In contrast, Gluckman notes dent Yoweri Museveni, once a leader in
that the Zulu of Natal imposed strict laws promoting condom use in the war on
of chastity with severe sanctions. If an HIV/AIDS, under pressure from the Bush
unmarried girl became pregnant by a administration, which champions absti-
young man of the warrior age set, both nence and monogamy (in the true spirit of
they and their families were liable to be evangelical Christianity) to prevent
killed, unless the girl was hurriedly mar- HIV/AIDS and which gives the Ugandan
ried to a man whose regiment had the government eight million dollars ($8 mil-
king’s permission to marry. Adultery too lion) each year for the abstinence pro-
was severely punished with death, or gram, has shifted to please the Bush ad-
flogging with thorny branches or cacti ministration.
were thrust into the woman’s vagina Indeed, a member of parliament in
(Gluckman, 1950:180; see also Kenyatta, Museveni’s government Mr. Sulaiman
1938, on the Gikuyu of Kenya). Madada, is promoting for what it is worth,
In addition, the strong desire of Afri- chastity scholarships for to qualified
can men and women to have children to young girls, hoping the program would
fulfill lineage obligations. “Motherhood” reduce the incidence of AIDS in his dis-
defines “womanhood” as “fatherhood” trict and help turn poor and desperate
defines “manhood” and compounds the young women away from sexual arrange-
problem of the spread of HIV/AIDS. ments – what I have called sexual entre-
Not surprisingly, the sexual behavior preneurship can ruin their lives. Appli-
of the African youth, particularly African cants would be examined to prove they
girls, has become a focus in the fight were virgins.
against HIV/AIDS. In a number of coun- In colonial Africa, missionaries from
tries, including Uganda and South Africa, the Christian West had always preached to
governments are promoting female sexual polygamous Africa that marriage should
abstinence (chastity) before or outside be monogamous and permanent and that
marriage as a primary means of combat- physical love should not occur outside
ing the pandemic. In Uganda, government such an injunction (consistent with Victo-
billboards proclaim “Saving yourself for rian ethics and morality) was of course
marriage is the right thing to do.” “Be- considered by Africans as unAfrican ,even
ware of sugar daddies” warn posters in though in pre-colonial and colonial Afri-
schools. They depict a heavy-set man giv- can, it was much more common to find
ing flowers and sweets to seduce a frail such a rule of chastity, where it existed,
girl through the tinted widow of a Mer- applied unilaterally to females , often as a
cedes-Benz. precaution against childbearing before
For young women and disadvantaged marriage rather than as a moral require-
and vulnerable young girls, including ment. Accordingly, most Ugandans, south
those orphaned by AIDS or internally Africans or Ghanaians expect women to
displaced by civil wars, and political and have sex only with their husbands and to
HIV/AIDS and Tropical Africa 17
one at a time, whereas men are allowed practice “Nkuchi Nwanyi”. The practice
more variety. involves a dead man’s wife being inher-
Critics of the female chas- ited by either his senior brother or kins-
tity/abstinence program argue that such a man appointed to inherit the property of
program is discriminatory as there is no the deceased. Given the asymptomatic
equivalent test for boys or men and that nature and the long latency period of
testing for virginity can be traumatizing HIV/AIDS, if the deceased is HIV posi-
and could stigmatize girls who have been tive without knowing it, the wife may
raped. They also point out that virginity have AIDS and transmit it to the new hus-
tests may be inaccurate and that girls who band, who in turn may pass it on to his
fail may be ostracized and also that numerous wives. It must, however, be
women may be forcibly tested (infringing pointed out that any form of sexual shar-
their human rights) as a form of moral ing above all, the sharing of the sexual
policing (Guardian Weekly, October 14- services of prostitutes, in some cases like
20, 2005:33). that of Agatha of Nairobi’s Majengo slum
There is a long list of traditional Afri- (Kenya) who may service up to 40 clients
can cultural practices which some scholars a day, poses even more serious potential
claim facilitate the spread of HIV/AIDS. danger (World Press Review, February,
Heading the list is female circumcision, or 2004:16-17).
the cutting or altering of female genitalia Other ethnographic examples of
as part of traditional puberty rites, the woman-sharing include the following:
rites of passage from childhood to wom- among the Tshokwe of the Democratic
anhood. Althus (1997) indicates that at Republic of the Congo (Zaire), a wife is
least 28 countries in sub-Saharan Africa shared sexually with the husband’s inti-
and northeast Africa practice some form mate friends (or age-set mates, as occurs
of female genital cutting. In these coun- elsewhere in East Africa). Here a bride-
tries, female genital cutting is found groom selects one intimate friend of his to
among all classes, educational levels and have sexual intercourse with his wife
religious backgrounds-animist, Christian whenever he is away. Such a Tshokwe
and Muslim-in both rural and urban areas. wife is not accused of adultery when she
Clitoridectomy accounts for up to 80 per- sleeps with the husband’s surrogate
cent of all cases of female genital cutting. (Beya, 1992). Beya also states that in
Al-Krenamwi and Wiesel-Lev (1999) Bakete clan in the Democratic Republic of
point out that most traditional “surgeons” the Congo, a girl must be completely pre-
of female circumcision are without health pared for marriage by first having the
training in the use of anesthesia or do not ‘practical skills’ with a man other than her
sterilize their surgical instruments, which prospective groom. Among some Tiv
include razor blades, glass, kitchen communities in Nigeria, a wife may sleep
knives, sharp rocks, scissors, and scalpels with a guest as a mark of hospitality.
which may be contaminated. The third group of cultural practices
The second group of cultural prac- in traditional Africa that may contribute to
tices that may facilitate the spread of the spread of HIV/AIDS consists of those
HIV/AIDS include the levirate-the mar- that involve skin incision (face, body) for
riage of a widow to her deceased hus- cosmetic, medicinal or social identity pur-
band’s brother, and other forms of wife poses as well as body, ear, nose, and lip
inheritance and wife-sharing. These may piercing (Uwe, Ekuri, and Asuquo, 2004).
be high risk behaviors (Afuekwe, 1992). Be that as it may, the fact is that there
The Alor community of Igbo, Nigeria are over 30 million Africans who are HIV
18 Journal of Scholarly and Scientific Perspectives Number 2
positive, and we have to be realistic HIV/AIDS sufferers in tropical Africa
enough to recognize that these cultural who need anti-retroviral drugs are yet to
practices, mostly in relatively isolated receive proper treatment. This is, of
parts of rural Africa, cannot by themselves course, very costly and requires long term
account for the exponential rise in HIV budgetary commitments by national gov-
positivity in Africa. As already noted, ernments and the international commu-
there are four confirmed primary routes of nity, to make adequate funds available for
HIV transmission: sexual intercourse; anti-retroviral treatment and care. This is
blood products; needles and skin cuts and critical, for the available therapy cannot
mother to unborn or newborn child. wipe out the virus within the body, the
Though the bulk of transmission is AIDS patient never ceases to be an in-
through sexual intercourse, it cannot be fected person. The virus remains dormant
overemphasized that the comparative effi- as long as the infected person adheres
ciency of the various routes – male-to- scrupulously to required treatment regime,
male, male-to-female, and female-to-male allowing the AIDS sufferer to lead a rea-
is yet to be established. What cannot be sonably normal and useful life.
denied is that abject poverty is not only African countries saddled by debt and
contributing to HIV infection, because poverty and the international community
poor people are less healthy, and poor must be prepared for long term commit-
women are more likely to engage in ment to provide funds and drugs and for
commercial sex work, it is also preventing interventions extending across several
people living with AIDS from staying generations. But given the poor record of
alive longer, as most cannot afford a bal- Western promises of pledges of aid to
anced diet and ARV drugs. Africa, when despite ostensible good in-
tentions or good will, more often than not,
Conclusion: What can, and needs to be aid promised or pledged has not been de-
done? livered or, when delivered has arrived too
late, the future of HIV/AIDS in Africa
Clearly, the habitual use of condoms, seems rather bleak (Owusu, 2004).
abstinence, or avoidance of casual sex,
that is taking the ABC message seriously, References
can reverse as the Ugandan and Zambian
cases show in spite of the rapid rise of Afuekwe, A.I. (1992). A philosophical
new cases of infection. In the final analy- inquiry into social life in Igboland:
sis, only rapid, people-centered develop- Alor as a case study women resisting
ment that raises the standard of living of AIDS: Feminist strategies of empow-
the people at the bottom, that is, develop- erment. Associated Publisher and
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tion and social security, can help halt the (1999). Attitudes towards and per-
scourge of HIV/AIDS. ceived psychological impact and fe-
As experience demonstrates, the chal- male circumcision: as practiced
lenge of HIV/AIDS in sub-Saharan Africa among the Bedouin-Arabs of the
is that most prevention programs are slow Negev. Family Process, 30(4).
in reducing the transmission of the virus, Althus, F. (1997). Female circumcision:
given the poverty and severe social and Rite of passage or violation of rights?
physical infrastructural limitations and International Family Planning Per-
constraints of the region. Thus, millions of spectives, 23(3).
HIV/AIDS and Tropical Africa 19
Anderson, M.L. (1997). Thinking about nomics and AIDS Research Division
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Paper prepared for the Health Eco- UNAIDS.
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__________ (2002). Implementation of World Bank (2003). Education and
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UNAIDS. Washington D.C.: World Bank.
The Political Economy of HIV/AIDS
Meshack M. Sagini
Department of Social Science
Langston University,
Langston, Oklahoma 73050
Abstract
This theoretical and interdisciplinary paper is an historical, political, economic and
sociological analysis concerning the origin, development, and effects of HIV/AIDS in
Africa and elsewhere. Though an etiological and phylogenetic analysis would have been
more appropriate for this approach, the culturally, sociologically and economically em-
phasized interpretive conclusion is an honest admission of the ignorance that imperial
creators of knowledge impose on researchers, scientists, policy makers, thinkers, and
society in order to rationalize, control, predict, and theorize about laboratory experiments
which need not to have existed in the first place and whose results ratify the mission and
motives of the drugs industry and scientific and political establishment.
HIV/AIDS Related Theories of Political results for human survival and longevity
Economy are being discussed pessimistically in the
context of modern and contemporary dis-
Currently, “only two structures of ap- courses of history, sociology, and political
proximately 20 or 30 proteins of HIV-1 economy.
have been determined and non from the The term “political economy” is de-
related viruses HIV-2, HTLV-1, HTLV- rived from politics and economics. Eco-
11 and SIV?…” nomics is acting in certain ways. Politics
(http://www.scienceblog.com/community is a platform from which action takes
and Duesberg, 1996). The atomic struc- place. Economics rationalizes what is
tures of HIV and SIV related retroviruses done and why. Politics is a context for
may provide new knowledge on the func- doing and acting. Sometimes economics
tions of many virus components that are is about an existing activity excluding
necessary for the development of new market institutions, though such exclusion
vaccines, therapies and diagnostics. Al- may not fully define the term without the
though some scientists such as Carter and latter. Economically, market institutions
McKenzie believe that structural biology tend to satisfy human wants better than
is the biotechnological linchpin for re- any others that are known and thereby
search in HIV/AIDS, other scientific dis- making them more dominant than politics,
ciplines such as chemistry, advanced x- which is subordinate to them – economics.
ray crystallography and physics should be Politics means “who gets, what, when,
used to search for the cure of the modern and how” (Lasswell, 1936). It is “the
plague which is also extremely pandemic. struggle for power” (Morgenthau, 1948).
This introductory note advocates the use Politics is “the art and science of govern-
of interdisciplinary scientific disciplines ment” and “the socialization of conflict”
to search for the permanent cure and (Schattschneider, 1960). Politics is “the
elimination of “death.” The implications authoritative allocation of values”
of such scientific inability to provide vi- (Easton, 1953). Evidently, it is “pure con-
able flict” (Schmitt, 1976) and “the concilia-
22 Journal of Scholarly and Scientific Perspectives Number 2
economic, globalization and exploitative more focused rather than being broad and
reasons. generalized. In the metropoles, since
In his book Disease and Democracy: HIV/AIDS resides within the province of
The Industrialized World Faces AIDS, marginalized groups, HIV/AIDS policy
Peter Baldwin uses a comparative ap- can be brief and highly generalized. That
proach to discuss the politics of public is why the problem is not a major issue in
health issues in advanced Western coun- Western political campaigns. State-
tries. He paradoxically argues that while centered theories of central political insti-
nations such as the U.S., Sweden and oth- tutions can define politics decisively.
ers undertook a variety of interventionist Since politics is what the state does in and
strategies to combat the disease both at with society, this may involve the “regula-
home and abroad, France and Germany tion of the economy and economic actors,
employed a laissez faire attitude about the the effect of the economic actors on the
suffering and dying millions. Although state policy, distributional effects of pol-
the two European nations were largely icy on economic resources, and traditional
less involved for ideological reasons, the macroeconomic policy along Keynesian
reality of their behavior is better explained lines” (p.220). Finally, the justice-
in the light of historical and colonial ex- centered approach concentrates on fair-
perience in which the “path dependence” ness and rights instead of concentrating on
model was reinforced. The author vividly individualistic efficiency. Justice is not an
demonstrates that public debates on the historical accident; it is politically, legally,
pandemic were highly politicized. In and morally definitive state policy for
France, Switzerland and the United King- reconstructive economic and political
dom, policy on AIDS was removed from practice. In the light of such an under-
public opinion and political discourse. standing of political economy, including
Surprisingly enough, knowledge about the the HIV/AIDS policy, the problem may or
economic, psychological, social and may not be rationalized through a political
medical costs of the disease was utilized process for sound economic planning and
to galvanize society to willingly and le- distribution (Grosh, 1999). All these
gitimately integrate the Western gay com- theories, or most of them, place emphasis
munity into its social and cultural institu- in market and state domination over the
tions. individual, who is also self-centered and
The last three theories of political rational enough to maximize certain
economy are power-centered, state- choices for personal rather than societal
centered and justice-centered. The power gain. Globalization, which is a form of
centered theory sees relations of power neocolonialism, means capital crossover,
and domination in the market to be exist- raw materials, brain drain and currency
ing between the market and the state and flows tend to weaken the economic, social
within the state itself. Economic agents and cultural social fabric of Third World
who include firms and pressure groups peoples more than that of the systems of
may challenge the state by voting and the people of Japan, Western Europe and
lobbying over the political process, eco- the Anglo-American world where the
nomic agencies and consumers. Since HIV/AIDS pandemic is less highly pro-
power is almost everywhere within the nounced (see Table 1:1).
political and nonpolitical spheres of the Tables 1 and 2 show that HIV/AIDS
state, to address the state’s interest and the significantly increased in all the nine or
interest of citizens, policy analysis, in- ten regions of the world during the last
cluding the one on HIV/AIDS, should be three years. Currently, the Sub-Saharan
The Political Economy of HIV/AIDS 25
Source: Rachel Zimmerman and Michael Waldholz, The Wall Street Journal, The U.N. Plots a War on
AIDS,2001.
African region leads the world with the plasma, paid sexual favors and injecting
highest cases of HIV/AIDS seropreva- drug use are common. In Japan, men who
lence. The region has over 10 % of the have sex with other men tend to transmit
world’s population. Of nearly 40 million the virus to female sex partners. The em-
infected, 60% are Sub-Saharan inhabitants powerment of leadership and the forging
while 40% live in other regions of the of partnerships can be scaled up to target
world. In 2006, more than 65 million have injecting drug users and sex workers in
been infected with HIV and more than 25 order to prevent the escalation of the dis-
million have died while 15 million chil- ease. In Oceania, the Caribbean and
dren are orphans (www.unaids.org). Some Western Europe, the HIV/AIDS concen-
sub regions have higher concentrations of trations are found in people of African
HIV infection than others. In East Africa, descent. While transmission in New Zea-
Uganda reduced its HIV/AIDS prevalence land continues to be associated with sex-
because it used technologically-advocated ual intercourse between men, and unlike
prevention measures that were financed Latin America, transmission is largely
by the United States. However, U.S. heterosexual in the Caribbean particularly
strategies that encourage abstinence are in Haiti, Jamaica and the Dominican Re-
neither popular nor effective in the region. public. In Cuba, the Communist govern-
In Southern Africa, 10-12.6 million peo- ment’s policy of quarantining and the uni-
ple are infected and most of them are versal free access to antiretroviral therapy
women. All over Africa, the 15-24 years have made infection rates almost non-
olds show that for every 36 women living existent. In terms of care and treatment,
with the disease, 10 young men remain to the Caribbean region places emphasis on
be their counterparts as both groups strug- strong and better governance that utilizes
gle for survival (www.unaids.org 2005). resources cost-effectively to strengthen
Transmission is largely through hetero- health care systems. Monitoring and
sexuality. evaluation systems that use strategic in-
The African region and all other re- formation to enhance cooperation are en-
gions should counteract the disease by couraged. Leadership should be empow-
planning strategically. Strategic planning ered by using the strategic planning tac-
should be conducted by establishing the tics, information sharing, involvement and
mission of development, the goals to be partnership building. The money from
addressed, and the priorities to be tackled. Global Fund and the World Bank is used
The region should empower leadership to promote care, treatment and prevention
which implements the priorities. Govern- strategies.
ments should create partnerships for In North America, AIDS is among
treatment and mobilize resources to be the three highest causes of death in the
used as the capacity for treatments, track- African American community in which
ing, monitoring and evaluation. They 25-54 year old men and 35-44 year old
should unblock existing constraints by women are mainly the victims. Of the
employing better “procurement, tendering, U.S. women affected, 72 % are African
staff costs, simplification of procedures” Americans. The medium of transmission
(p.3). comprises injecting drug use, sex between
In populous Southeast Asia, national men and heterosexuality that is character-
HIV infection cases are small compared to ized by undisclosed risk behaviors. How-
those of the Sub-Saharan African region. ever, in Canada unsafe sex between men,
The disease has spread to all the 31 prov- injecting drug use and unsafe heterosexu-
inces of China where selling blood ality are not uncommon. Between 1/4
The Political Economy of HIV/AIDS 27
population particularly in Africa and, sub- Dr. Wolf Szmuness, Polish Jew and
sequently, elsewhere Soviet-trained world expert in Hepatitis-B
(aobie@mercury.oktax.state.ok.us and who is now a U.S. citizen, Dr. Robert
http://content.sciencewise.com/res...47- Gallo, foremost expert on AIDS at the
11DA-A71F-004F4E05317F}_215.htm). CDC, Dr. Donald M. MacArthur,
The long political history of covert and spokesman for the U.S. Department of
unethical medical experimentation on Defense, and a large number of experts in
humans, particularly African Americans HIV/AIDS and AIDS-related disease ex-
and Manhattan gays, is both interesting perts agree that there is an “ominous link
and questionable (p.2). The use of the between cancer and AIDS, between ani-
“super germ or synthetic biological agents mal experimentation and the genetic engi-
that is refractory to the immunological neering of viruses, between biological
and therapeutic processes” (p.5) upon warfare technology and drug companies,
which the medical and scientific profes- between genetic experiments and AIDS,
sions depend on to prevent infectious dis- and between vaccine programs and the
ease could be developed in the future and contamination of the nation’s blood”
be militarily employed to reinforce poten- (http://content.sciencewise.com/res...s/Re
tial military technological superiority. In porter/HIVorigin/wfdigest.htm).
light of this argument, If scientists maintain a flow chart,
which informs them about the results and
It is difficult if not impossible, to deter- effects of the experiments and if these
mine the truth about global biological experiments have accidentally backfired
warfare capabilities and their possible ef- due to the fact that they have caused what
fects on world health. The American tax- is truly bio-warfare terrorism, which
payer is kept ignorant about U.S. chemi-
cal and bio-warfare programs. Scientists
started with MK-NAOMI to Manhattan
involved in bio-warfare research are experiments and now the worldwide pan-
sworn to secrecy and silence. Thus, demic, don’t we have the freedom and
“classified” and “top secret” medical ex- rights to question the role of bad science?
perimentation continues to be promoted Shouldn’t political, scientific, medical,
by powerful government agencies, such as and legal leaders everywhere unite to use
the CIA, the CDC, the Department of De- forensic science and sue individuals,
fense, the military, and other institutions. firms, institutions and governments for
(Cantwell, this shocking news? Wasn’t President
http:content.scincewise.com/res…47-
11D4-A71F-004F4E05317F}_215.htm)
Mbeki of South Africa right when he
raised this issue at the beginning of the
Evidently, the long history of gov- 21st century?
ernment policy on Los Alamos laboratory The disease spreads through “unpro-
and other experiments and the progres- tected sex needle sharing, donating blood
sively evolutionary and explosive conse- or other tissues and infected mothers” at
quences of those experiments in terms of delivery (http://healthmba.com/hiv-
their pandemic effects should bring to rest test.html). All HIVS are parasitic and
the shallow, uninformed and distorting virulent retroviruses characterized by
debates concerning the green-monkey, the rapid and toxic or poisonous severity.
gay-plague and the African-origin theories They are malignant because they cause
that are largely elements of media propa- the disease AIDS. SIVS are benign.
ganda that cover up “our evil and my epic HIVS are retroviruses, while AIDS is the
genius.” disease they cause in their hosts, humans
or animals. Phylogenetically, in other
The Political Economy of HIV/AIDS 29
words, based on their origins, a variety of AIDS, for combining AIDS, and, poten-
theories that explain their origin and de- tially, for efforts to prevent future epidem-
velopment display dubious scientific va- ics. The terms “new” and “old” are am-
lidity because the theorists ignore labora- biguous beyond denoting relative age so
tory experiments that have been carried for purposes of this article we consider a
out for over 100 years and put emphasis new virus one that has infected its host
on the current symptoms, effects, similari- species within the past 50 years or so.
ties, and regency of the disease which has The first view, that HIV has only re-
evolved as a result of the globalization cently contacted humans, entails recent
project and its geostrategic and structural cross-species transmission of a simian
interests. The man-made theory, the out- immunodeficiency virus (SIV) from one
of- Africa theory, the chimpanzee to man or more nonhuman primates, and repre-
theory, the vaccines theory, the hepatitis sents the current conventional wisdom
theory, the polio theory and the germ war- (Dietrich et al., 1989; Doolittle, 1989;
fare theory Allan et al., 1991, Fox, 1992; Myers et al.,
(http://content.sceincew...er/HIV_origin/w 1992, 1993; Hirsch et al., 1993; Temin,
ftoc.htm) have been used to advance new 1993; Myers and Korber, 1994). How-
knowledge, introduce controversial distor- ever, some have suggested that certain
tions, and compare results, all of which rural African populations of humans may
are largely man made and prescribe cul- have been infected with an immunodefi-
turally biased conclusions regarding the ciency virus for many decades, centuries,
origin and development of HIV/AIDS. or even millennia (Montagnier, 1985;
Three scientists from the Universities Hahn, 1990; McClure, 1990); Ewald
of Michigan, Maryland and Massachusetts (1991, 1994) and have described an evolu-
(Mindell, Shultz and Ewald) respectively tionary model in which virulent strains are
wrote an article on the phylogenetic evo- placed at a selective advantage by higher
lution of the HIV/AIDS pandemic rates of sexual partner change.
(http://content.sciencewise.com/res...97- Understanding HIV origins is of gen-
11D4-A71F-004F4E05317F}_356.htm). eral interest to systematists as well. Vi-
The thesis and conclusions of this phy- ruses evolve by descent with modification
logenetic tree are paraphrased and dis- like any other group of organisms, and
cussed. The AIDS pandemic is a new systematizers will become increasingly
problem for humans, but it is not clear involved in attempts to understand their
whether the human immunodeficiency complex histories as more of their DNA
virus (HIV) giving rise to AIDS is also sequences become available. Systematists
new to humans. Either (1) HIV has re- working on viruses need to consider dis-
cently infected humans, in which case we tinctive features of viral evolution, includ-
have a new virus and a new disease, or (2) ing extremely high rates of molecular se-
HIV infected humans long ago (being quence evolution, subsequent high levels
mild and/or restricted in range until re- of within-population sequence variability
cently), in which case we have an old vi- (variously described as yielding species
rus and a new disease. There are prece- swarms or quasispecies), evolutionary
dents for each scenario among known rates that vary depending on the species of
viruses causing diseases (Shope and Ev- host and type of cell infected, potential for
ans, 1993). The new virus and old virus recombination when representatives of
scenarios have profoundly different impli- different viral lineages infect the same
cations for understanding the mechanisms host cell, and potential biases in the sam-
of HIV propagation and the etiology of pling of host species.
30 Journal of Scholarly and Scientific Perspectives Number 2
The objectives of these scientists missed by limited sampling, and the as-
were to (1) assess the evidence used in sumption that new viruses are virulent and
support of the “new virus” hypothesis, (2) old viruses are mild ignores the ability of
present their own phylogenetic analyses of natural selection to affect an increase, a
representative viral taxa, (3) estimate the decrease or stasis in virulence over time.
most-parsimonious evolution of the char- Even if the latter assumption were valid,
acter “virus host” in the study taxa, and inferred newness of PIV infection of hu-
(4) comment on methodological issues in mans is contradicted by discovery of non-
the systematics of viruses. Although it is cytopathic HIV2uc1 and relatively low
not possible to reject either hypothesis, virulence (longer latency and asympto-
they concluded that any consensus favor- matic periods) of PIV2s in rural human
ing the “new virus” hypothesis was not populations having relatively low rates of
justified on the basis of current evidence sexual contact among individuals.
and that the “old virus” hypothesis re- Retroviral evolution challenges sys-
mained a viable but scientifically dubious tematists with a variety of distinctive and
alternative. potentially confounding “features, includ-
Evidence currently available does not ing (1) extremely fast rates of molecular
support the popular view (the “new virus” sequence evolution (due to short genera-
hypothesis) that HIVs have recently colo- tion times, large numbers of progeny, and
nized humans and that PIVs in humans are low fidelity replication), (2) evolutionary
recent descendants from one or another of rate heterogeneity within and among virus
the PIV lineages known from nonhumans. sequences (due to potential host specific
“Phylogenetic trees show only sister rela- and cell-type specific rate differences and
tionships for extant taxa, not ancestor- variable use of three different replication
descendant relationships for extant taxa.” enzymes having variable error rates), and
Use of the phylogenetic hypothesis and a (3) potential for genetic recombination
parsimony criterion to estimate the small- among different lineages infecting the
est number of host species shifts (that is, same cell, complicating character homol-
to diagnose changes in the character “viral ogy determinations. Improved under-
host”) indicates humans to be the ances- standing of these features and greater
tral host species for a clade including SIV sampling of primate host species will en-
cpz from chimpanzee and for a clade in- hance future studies of immunodeficiency
cluding SIV sms from sooty mangabeys. virus phylogeny and may entail revision
The three scientists specifically do not of current hypotheses of relationship” (p.
claim that the latter analysis resolves the 12).
issue of ancestral host, however, in light During the 1980s and 1990s, the ma-
of potential sampling biases. Their point jor challenge for the HIV/AIDS estab-
is to show that current evidence does not lishment was to search for the cause(s) of
support the “new virus” hypothesis. Sup- AIDS disease. With the influence of gov-
port for the “new virus” hypothesis then ernments, major organizations in the U.S.,
devolves to unjustified assumptions that Europe and Japan, created bureaucratic
pre-1959 human blood samples testing structures and complex physical and sci-
negative for PIV presence successfully entific infrastructure for funding, R and D,
represent all human populations and treatment and prevention policies and
demes potentially harboring PIVs, and procedures. Their political, scientific and
that new viruses are virulent and old vi- economic strategies were largely guided
ruses are mild. Small human populations by extrinsic rather than intrinsic motives.
with dormant PIVs may readily have been In the U.S., the race to study the cause(s)
The Political Economy of HIV/AIDS 31
of AIDS became the focus of the National peer-reviewed grant money, peer-
Institute of Health (NIH), the Center for reviewed opportunities to publish in scien-
Disease Control (CDC), the Food and tific journals, and invitations to confer-
Drug Administration (FDA), the National ences” (p. 396) such vulnerabilities can
Institute on Drug Abuse (NIDA), all other “ostracize,” alienate, and silence creative
divisions of the federal Department of genius and dissent due largely to the
Health and Human Services, and of all group think of the AIDS and drug estab-
researchers and scientists who secured lishment.
federal grants and contracts. Because During the 1960s, many people heard
these strategies and efforts were and are about the availability of psychedelic
guided by market-driven extrinsic factors drugs, which nonconformists, rock stars,
protected and controlled by the policy war protestors, sex gurus, and intellectuals
elite and the drug industrial establishment, preyed on. With the extrinsic motivation
scientific and creative voices of dissent and commercialization-driven policies,
are tolerantly intolerable in terms of their those who use cocaine, nitrite inhalants,
contributions to the search for the cure. amphetamines, heroine, LSD, marijuana,
This could be the reason why more than PCP and a variety of psychoactive drugs
“100,000 AIDS experts, particularly emi- have collectively generated new disease
nent medical doctors, virologists, immu- epidemics unparalleled in human history.
nologists, cancer researchers, pharma- Since AIDS is incurable but “host-
cologists…Nobel Laureates” (Duesberg, tamable,” it may be “caused by long-term
1996, 9) have been unable to find the consumption of the above mentioned rec-
cause and cure for AIDS. Although HIV reational drugs and by AZT and its ana-
virus appears to cause AIDS, the same logs. Hemophilia-AIDS, transfusion-
scientific establishment which made that AIDS, and the extremely rare AIDS cases
discovery has not succeeded in preventing of the general population reflect the nor-
deaths caused by AIDS. Given the sce- mal incidence of AIDS – defining dis-
nario, and as the “research establishment eases in these groups plus AZT induced
becomes more centralized, bureaucratized, incidence of these diseases under a new
and fraught with commercial conflicts of name” (p. 411). If each of these recrea-
interest, each episode achieves more mon- tional drugs is toxic, then AIDS may have
strous proportions” (p. 10). Moreover, the many causes. Since scientists, for obvious
same scientific community which is re- reasons, have not and, under the current
searching for the cause and cure of AIDS climate will not, examine a multicausal
may be directed to the causes via “inap- hypothesis, the cure for AIDS is made
propriate experimental designs and very more illusive, obscure and distant. The
short follow-up times” (p. 334). AIDS establishment should disestablish
Scientific critics and dissenters of the its command science and explain why an
AIDS establishment (bureaucrats, pro- agent is a plausible cause of one or all of
AIDS scientific community, scientific the thirty fatal AIDS diseases that are
AZT, DDC and DDI popularizers, organi- AIDS-related.
zations, drug manufacturers and distribu- Why is there no AIDS cure? There
tors and journalists can mobilize their are three main reasons; first, the scientific
forces to censor dissidents’ work in pro- AIDS establishment’s enthusiastic accep-
fessional literature and silence or alienate tance that the “virus-AIDS hypothesis is
the critics regardless of the validity of not based on its scientific rigor or its
their discoveries and contributions. Since fruits” (p. 595). Instead, it is based on the
“a scientist’s career depends heavily on universal administration and respect for
32 Journal of Scholarly and Scientific Perspectives Number 2
germ theory, which globally and psycho- mentia (Center for Disease Control,
logically enhances the geopolitical and 1992b); and users of cytotoxic DNA chain
imperial power of the state and its military terminator AZT who develop anemia,
industrial complex. Second, though fund- lewipenia and nausea. According to
ing for the AIDS establishment is humon- Greenfield, OU professor (2005), repre-
gous, there is limited scientific expertise sentatives from all American racial and
on the subject in question. Third, world- ethnic groups have AIDS. These patients
wide ignorance of the poor masses who are middle class, urban, rural, elderly peo-
are vulnerable, or those who get sick and ple and minority populations.
die or struggle for survival results in a During the 1980s, and compared with
lack of scientific information concerning American and European AIDS cases, only
the cause(s) of AIDS and how, when, 0.3% of Americans out of 6 million world
where and why it is transmitted, how it HIV positive cases were identified as car-
can be prevented and why people are vul- riers. In other words, although very few
nerable. Africans were AIDS-infected twenty
Both in the U.S. and elsewhere in the years ago, now Africa leads the world in
developed world, “new medical treat- HIV/AIDS pandemic. Table 1 illustrates
ments have turned AIDS from a death that phenomenon. African HIV/AIDS
sentence into a chronic illness for most includes common diseases such as tuber-
people infected with HIV virus. While no culosis, diarrhea, chronic fever, weight
cure for AIDS yet exists, most HIV posi- loss, pneumonia and other neurological
tive people can live productive lives, rais- diseases (Hishida et al., 1992). It is diffi-
ing families and contributing to society” cult but not impossible to provide a classic
(Magaziner, 2004: 28) even though “the definition of African HIV/AIDS (Gilks,
future…is not nearly so hopeful for the 1991) particularly when serious cases of
tens of millions of men, women, and chil- malnutrition, Ebola, parasitic infections
dren living with the disease in the devel- and poor sanitary conditions are prevalent
oping world”. AIDS “includes 25 previ- causes of death. Sixty percent of the
ously known diseases and two clinically HIV/AIDS infected persons in sub-
and epidemiologically very different Saharan Africa are women. Polygamy,
AIDS epidemics, one in America and sexual coercion and violence against
Europe, the other in Africa” (Duesberg, women contribute to their distress. Girls
1996, 510) and elsewhere. The American are sexually exploited by old people who
European epidemic is characterized by the pressure them for sexual promiscuity in
“male homosexual epidemic, the intrave- exchange for food, clothing and school
nous drug user epidemic, the hemophilia tuition (Marton, 2004).
epidemic, and the transfusion recipient Volberding invented Zidovidine
epidemic” (p. 510). The American and (AZT) an antiviral drug. “AZT blocks
European AIDS can be sub-epidemically DNA production, not only in human T-
described as the homosexual Kaposi sar- cells or retroviruses, but also in any bacte-
coma (Selik et al., 1987) drug-user in- ria that might exist in the body…it can act
duced tuberculosis; cocaine related pneu- as an indiscriminate antibiotic, killing
monia and tuberculosis; hemophiliacs opportunistic infections while destroying
who suffer from opportunistic fungal and the immune system. Even Burroughs
viral pneumonia and Kaposi sarcoma Welcome…billed the drug as an antibac-
(Evatt, 1984 and Koerper, 1989); transfu- terial” (Duesberg, 1996, 321). The drug
sion cases with pneumonia; hemophiliac destroys the pancreas, bodily nerves, T-
wives with pneumonia; babies with de- cells and bone marrow largely because of
The Political Economy of HIV/AIDS 33
its extreme toxicity. It seriously contrib- most of the scientific community is pes-
utes to collateral damage. simistic about the cure of AIDS, he is
Jerome Horwitz developed Dideoxy- optimistic because the “rational pathways
cytidine (ddc) in the 1960s. It is marketed toward development of an effective vac-
by Hoffman-La Roche and is used in cine” are available. Dr. Gallo concluded
combination with AZT. It also terminates that the three major therapeutic advances
the production of DNA as AZT does. The that have been increasingly helpful in
effects of Nevirapine, (which prevents treatment and care for the HIV/AIDS vic-
mother-to child transmission and is used tims have been the 1984 blood test, the
in poor countries), is not clearly known 1986 anti-viral treatment which came with
yet. Didanosine (ddi) is manufactured by the AZT and the 1995 Highly Active
Thailand after the Thai government pre- Antiretroviral Therapy (HAART), which
vented Bristol-Myers Squibb a U.S.- has made people live longer and have
based pharmaceutical company, from healthier lives.
Thailand has expanded its treatment pro- On February 6, 2006, the 13th Confer-
gram by producing a single pill that con- ence on Retroviruses and Opportunistic
tains the medicines stavudine, lamivudine Infections was held in Denver to discuss
and nevirapine – a combination recom- the prospects of new experimental drugs.
mended by the WHO. These drugs appear First, Manufacturer Panacos reported that
to be effective. Third World countries PA-457 prevents the virus from sending
should buy anti AIDS drugs from Thai- infectious materials into the blood stream.
land. This drug is a maturation inhibitor. Sec-
Robert Gallo, M.D., Director of the ond, Pfiser Global Research scientists
Institute of Human Virology and professor have identified and designed UK-201844
of microbiology and immunology at the to prevent the virus from fusing with other
University of Maryland, gave a presenta- cells at the beginning of the infection
tion on HIV/AIDS Research: The Light process. As a result, Trimeris scientists
and the Dark at the Oklahoma Medical have received positive results concerning
Research Foundation in Oklahoma City the cell entry or fusion inhibition. Also,
on March 8, 2006. During the 1980s and new drugs such as TRI-1144 and TRI-999
1990s, his research helped physicians de- seem to “be 100 to 150 times more potent
velop HIV therapies that prolong people’s than Trimeris first generation fusion in-
lives. In 1996, Dr. Gallo discovered hibitor, Fuzeon, in fighting HIV infec-
“chemokine” a natural compound that tion.” The dosage lasts for one week.
blocks the HIV virus to stop the progress
of AIDS. As an internationally known The Political Economy of HIV/AIDS
scientist and a decorated member of the
National Academy of Sciences and the We live in a world of 6.4 billion peo-
Institute of Medicine, he believes that ple, which grew last year by nearly 76
HIV has become a chronically treatable million. Nearly three billion (2 in 5) peo-
illness rather than a death sentence. How- ple struggle to survive on less than $2 a
ever, Dr. Gallo knows that “we must con- day. More than 1 billion people lack safe
tinue to make significant advances in de- drinking water, and 2.4 billion are without
veloping new therapies because of drug basic sanitation. More than 800 million
resistance to some of the present therapies people are chronically undernourished, 2
and drug toxicity” (The Oklahoman, Feb- billion lack food security, and the fertility
ruary 24, 2006: 3). He also asserts in Lan- rate (child bearing age) group is 78 mil-
cet (2005, 366:1894 – 98) that although lion annually. Half of the world’s original
34 Journal of Scholarly and Scientific Perspectives Number 2
forest cover has been cleared, and another tions that were subject to conditions on
30 percent is degraded. By 2030, 60 per- borrowers’ national economic policies.
cent of the world’s population will be The conditions that accompanied these
urban. Currently 15-24 year olds compet- loans were known collectively as struc-
ing for jobs are 1 billion and 137 million tural adjustment policies (SAPs). The
women want to delay their next birth or lending agencies responsible for devising
avoid another, yet more than 350 million SAPs included the World Bank, the Inter-
couples lack access to a full range of fam- national Monetary Fund (IMF) and bilat-
ily planning services. Three billion young eral agencies such as the United States
people will enter their reproductive years Agency for International Development
within this generation. Today, about 65 and European aid agencies.
million people have HIV/AIDS and most The history of SAPs is more contro-
of these are in Africa (see table 1). AIDS, versial in Africa, possibly than anywhere
like malaria and tuberculosis, kills 6 mil- else. The results have been disappointing.
lion people yearly in the Third World (The Critics portray SAPs as a failure, foisted
Population Institute, 2004). on Africa by heartless and exploitative
In the context of the structure of outsiders. Other critics have complained
global political economy Bratton, Mattes, that theorists unfamiliar with African
and Boadi (2005) have written Public problems designed policies that are poorly
Opinion, Democracy and Market Reform. suited to African conditions. Defenders
The authors concluded that support for claim that incomplete and incoherent im-
democracy in Africa is wide but shallow. plementation of SAPs often accounted for
Africans find themselves trapped between their disappointing results. They empha-
the state and the market. Beyond multi- size the benefits of these policies, not the
party elections, people want clean and failings. If anything, the benefits are en-
accountable government. They like eco- joyed by international organizations and
nomic structural adjustment only if it is NGOs rather than by the Third World
accompanied by an effective state, the peoples who have less competence to ra-
availability and provision of jobs and an tionalize the incompleteness and incoher-
equitable society. These attitudes origi- ence of the SAPs.
nate and are constrained and informed by The increase in oil prices of the mid-
social structure and cultural values that 1970s caused problems for African oil
are a product of rational experience and importers in their balance of payments (in
contextual and collective cultural wisdom. a given country, total money received in
How do these demographics and people’s export earnings and financial assistance,
expectations about governance inform less total money spent on imports and
international organizations such as the external debt). When oil prices increased,
World Bank? many countries found that the money they
Structural adjustment in Africa is na- received in export earnings and aid fund-
tional economic reform programs under- ing was insufficient to cover the cost of
taken by countries in return for assistance oil imports. Many countries met their in-
from the World Bank and other interna- creased need for foreign exchange by bor-
tional donor institutions. Numerous coun- rowing funds rather than by curtailing
tries in Africa began to experience diffi- other imports or increasing exports. As a
culty meeting their financial obligations result they were unable to adjust to the
during the 1970s. By the early 1980s new scarcity of foreign exchange.
most African countries were receiving Meanwhile, they increased their for-
loans from international financial institu- eign debts and worsened their long-term
The Political Economy of HIV/AIDS 35
Because public health authorities ows also provide low-cost migrant labor
largely perceived AIDS as an urban phe- and are vulnerable to sexual exploitation.
nomenon, they believed that the majority Workers’ camps are visited by girls and
of Africans lived in “traditional” rural women who arrive on paydays, often trav-
areas and hence would be spared. Many eling long distances. Poor women have
social scientists, however, saw the coming few income-earning opportunities that pay
catastrophe: first, few people anywhere as well as sex. Often they must support
have only a single lifetime sex partner, dependents as well as provide for them-
and rural areas are neither isolated nor selves. Poverty and pervasive gender
unchanging. Second, even if condoms inequality make it especially difficult for
can be made available very cheap and on girls and women to avoid unsafe sex –
a regular basis, a variety of stigmatized even within marriage. Sexual violence –
political, social, and cultural obstacles on the rise with deteriorating social condi-
discourage their use. Third, harsh eco- tions – further increases the risk of con-
nomic conditions have divided families, tracting HIV.
increased disparities in wealth and power Some cultures stigmatize diseases as-
and changed behavioral standards in both sociated with AIDS such as tuberculosis,
rural and urban areas. These economic dementia, sexually transmitted diseases
hardships have fueled the epidemic by (STDs), and skin rashes. Because it is
increasing the number of vulnerable sexually transmitted and incurable, some
youths and young adults. may blame AIDS on moral transgressions
Since the mid-1970s, increasing mil- and unseen forces; a woman is often
lions of Africans have lived in abject pov- blamed for a man’s infection.
erty, their survival precarious, deprived of AIDS often provokes fear and hostil-
hope for the future. The deepening eco- ity toward the afflicted. Husbands may
nomic crisis and structural adjustment abandon wives. Families unable to hide
programs of the 1980s fell hardest on the the nature of the illness may find them-
poor. Peasant incomes and wages declined selves isolated. AIDS orphans may be
sharply and governments were forced to shunned and left to roam the streets,
greatly reduce funding for public services, where they are particularly vulnerable to
including education and health care. HIV infection. With many people falling
Dwindling government jobs and deindus- sick and others overworked and demoral-
trialization raised unemployment levels. ized by so much death around them, the
Wars and military occupation brought impact on all economic activities in the
civilian deaths, rapes and mass population affected areas is severe. AIDS particu-
displacements. These conditions set the larly disrupts seasonally labor-intensive
stage for sex with multiple partners and agriculture, food processing and family
led to ever more widespread dissemina- life. Blaming others allows people to
tion of HIV. deny risk and avoid taking realistic steps
Poor people’s survival strategies in- to protect themselves and others. Where
clude migration in search of paid work, people believe that AIDS is caused by
carrying goods long distances to urban women or by unseen forces, scape-
markets, smuggling and trading sex for goating, witch hunts, and social unrest
food and shelter. Mines, plantations, trad- compound socioeconomic disruption and
ing towns, fishing camps and ports attract the misery of the poor.
job seekers in large numbers. Most are Effective prevention involves ena-
youths and men who come without their bling large numbers of people to change
families; girls, divorced women, and wid- sexual practices that are widely consid-
38 Journal of Scholarly and Scientific Perspectives Number 2
ered to be natural and essential to health. poverty leaves most Africans without ac-
Children are highly valued, and they may cess to effective treatment.
allow a woman to hold a steady partner A major new center of HIV infection
and gain community respect. Condoms lies in South and Southeast Asia, home to
are not popular among men, many of well over 2.5 billion people. Despite its
whom employ a double standard to ra- rapid industrial development, economic
tionalize their relations with numerous, crises in Southeast and East Asia can be
often younger, sex partners, while they expected to increase the spread of the
strictly control their wives’ sexuality. AIDS pandemic, which is already rampant
Condoms have been widely stigmatized in the sex “industry,” and among the mili-
by being associated with prostitutes and tary among intravenous drug users.
STDs. Within the United States, new infections
In many countries, powerful interest are disproportionately concentrated
groups have treated AIDS, like other among poor, especially the people of
STDs, as a moral issue rather than a health color, women, youth, and the elderly re-
issue. This makes it difficult for some gardless of age, class, race and status,
governments to conduct rational preven- both in the rural and urban sectors, and
tion campaigns. Many adults believe that homosexual environments.
sex education and condoms will increase
sexual activity (seen as immorality) Conclusion and Discussion
among youth, although research carried
out in numerous settings shows that ac- The monolithic HIV/AIDS hypothe-
cess to condoms will lead wives to be- sis limits the opportunity for more rigor-
come unfaithful. Most wives who become ous, scrupulous and penetrating scientific
infected, however, are infected by their inquiry into the cause(s) of the AIDS dis-
husbands. In Uganda, Tanzania, and ease. HIV causes the AIDS disease. AIDS
Senegal strong resistance to effective pre- is not caused by the AIDS virus. Of the
vention by religious leaders and commu- new diseases which have been discovered
nity elders continued into the early 1990s. such as hantavirus, Ebola virus, legion-
In sum, an epidemic such as AIDS is naires disease, lyme disease, chronic fa-
an essentially social process, shaped by tigue syndrome and toxic shock syn-
political economy and culture. Today, drome, HIV/AIDS has by comparison
several economic processes fuel the attained pandemic notoriety due largely to
spread of the epidemic. These include a its resistance against the politico-
global economy that relegates Africa to economically orchestrated production of
production of a few agricultural and min- pharmaceutical and medical drugs. In
eral exports and distorted domestic other words, scientific utility is intimately
economies inherited from colonialism. related to economics, politics and policy
These circumstances result in unfavorable making. In its arena, policy makers call on
terms of trade, massive foreign debt, land- scientific experts to measure health prob-
lessness, unemployment and widening lems as a basis for political negotiation
disparities in wealth that are exacerbated that is in line with response strategies.
by repressive politicians who siphon Scientists acknowledge that their wisdom
wealth from public funds. All of these needs to be depended on in determining
processes, combined with the continued the nature and quality of policy. However,
subordination of women, lead Africans to evidence shows that, if anything, the in-
act out of desperation in ways that pro- fluence of science on politics and policy-
mote the spread of AIDS, while persistent making is quite “varied and sporadic.” In
The Political Economy of HIV/AIDS 39
other words, instead of being the guardian HIV/AIDS should encourage participation
and “eye” of politics, science is subordi- by all stakeholders. The approaches
nated to political whims as it becomes the should be conducted comprehensively and
handmaid of politics. For instance, be- realistically. The plans should be given
cause science funding is limited and al- adequate resources. The resources should
ways insufficient, policy makers and their be coordinated, implemented, monitored
appointees choose between research pro- and evaluated by adequately trained scien-
posals, indirectly selecting what knowl- tific manpower, which relies on sustain-
edge is to be pursued and how. Most “sci- able technical help. Monitoring and
ence…is instituted and thus, designed, to evaluating programs should strike a bal-
answer questions of interest to policy ance between the generation of valued and
makers that may not be of interest to pure reliable tactical information for program
science. Sometimes the political environ- managers. Managers should ensure that
ment may demand conclusions from sci- the use of public data banks does not cre-
entists ahead of sufficient science under- ate avenues for discrimination and stigma-
standing of the relevant process” (Harri- tization of people who are positive in hu-
son and Brynes, 2004: 327). Such a situa- man immunodeficiency virus.
tion creates a climate in which neither the Managers (coordinators) and strategic
scientists nor the policy elite have the grip planners should ensure that national
on what they are really supposed to do by HIV/AIDS programs are monitored and
using pure science objectively in order to evaluated to generate information, not
solve societal and civilizational problems only for use by donor agencies, but also
of which the HIV/AIDS pandemic is a for improving their implementation and
classic example. treatment programs. Although the 2001
Due largely to economics and politics Declaration of Commitment on
in the developed world, HIV, which was HIV/AIDS by 189 countries served as a
invented in U.S. laboratories for eliminat- benchmark for universal action, definite
ing the Manhattan gays and other un- and specific deadlines should be used to
wanted, unsuspecting and nonessential put pressure on the countries to quicken
victims, it accidentally backfired to spread diagnostic implementation and treatment
into the heterosexual population which programs. However, progress reports
has been terrorized by it, particularly in show a low response rate for certain indi-
the poorer communities of our global cators including concern for data quality.
economy. The African, Eurasian, and To minimize the prospects for the concern
Asian continents have become targets for over data quality, local, national, and
the ill-intentioned pandemic. Although global implementation and treatment
uninformed media experts and journalists agencies should identify incentives and
have used many theories to explain the opportunities for collaboration rather than
origin of the disease, the HIV/AIDS estab- isolation and the provision of counseling,
lishment related individuals are hand- medical, and therapeutic services.
maidens of the policy makers who have National strategic planners and pro-
apparently controlled the HIV/AIDS es- gram managers should secure data from
tablishment for political and economic different geographical areas within each
rather than of scientific and health gains country in order to plan for and monitor
for the human race. the adequacy of service delivery for the
The focus of local, national, and HIV/AIDS patients. They should ensure
global strategic approaches to the moni- that patients have access to the services
toring, treatment and evaluation of which exist. “An operational plan for
40 Journal of Scholarly and Scientific Perspectives Number 2
Such gestures will not affect the thered some 25,000 children in Liberia.
spread of the disease in Africa. Nor will According to Teniola Olufemi, coordina-
the constant clamor of AIDS activists who tor of the Ecomog Children Project, the
continue to target the pharmaceutical in- Nigerian contingent accounted for 50% of
dustry, accusing it of putting profits ahead the cases. In addition, the healthcare sys-
of lives by refusing to lower the cost of tems required to deliver and administer
drugs for poor African patients. Merck, AIDS medicines have collapsed in many
Bristol-Myers, Squibb, Boehringer Ingel- African countries as has the infrastructure
heim, GlaxoSmithKline, and Hoffmann- of roads, electricity, water, communica-
La Roche have offered to sell their AIDS tions and other basic requirements for an
drugs to poor nations at cost. Since “at effective response to the epidemic. Be-
cost” is still beyond the means of most sides, cultural taboos and outdated myths
Africans, activists are geared up to put in polygamous societies are a major ob-
more pressure on the industry for further stacle to detection and treatment.
price reductions, principally through a Even African public health experts
weakening of international intellectual have themselves warned that unless public
property rights. This is the wrong ap- health systems are strengthened, the bene-
proach for a disease which has no cure, or fits of cheaper AIDS drugs could be un-
prevention. done by ineffective distribution or misuse,
Notwithstanding their noble inten- leading to the development of new strains
tions and concerns for AIDS suffers in of drug-resistant viruses. The South Afri-
Africa, activists have pushed this cam- can government, for example, now admits
paign into dangerous territory. The exclu- that the health system must be upgraded
sive focus on drug prices has left a num- before the drugs – even at lower prices –
ber of major players off the hook and con- can be safely distributed in public hospi-
sequently has the potential of exacerbating tals. Finally, at a recent meeting on AIDS
the epidemic. It’s also ironic, since it is in Abuja, the Nigerian capital, an expert
the pharmaceutical industry that is spend- warned that there was great opportunity
ing billions of dollars in R&D to find bet- for corruption in selling and distribution
ter treatments and one day, hopefully, a of AIDS drugs. Other Nigerian experts
cure. say that studies have found that pills sold
Let’s take African leaders for an ex- over the counter to the poor are often
ample. It is incomprehensible that they counterfeit or substandard. This kind of
should continue to spend scarce resources exploitation of the poor by the wealthy
on the procurement of arms to oppress discourages many for whom the sophisti-
their people and to prosecute senseless cated industry and AIDS establishment do
civil wars. Each year African govern- not speak. No wonder the cure remains
ments spend more than $8 billion on new dubious at best and hopeless at most.
weapons and the military. The South Afri- Germ warfare is a silent form of terrorism
can government alone has just spent $5.5 which wealthy nations have unintention-
billion on new arms purchases. The 14 or ally imposed on the poor. It is a new form
so conflicts currently raging on the conti- of class warfare whose purposive roots are
nent have created about 12 million refu- sociologically and scientifically determi-
gees-more than half of the world’s refugee nistic.
population. The refugees, in turn, serve as
easy targets for sexual predators and
breeding grounds for the AIDS virus.
West African peacekeeping soldiers fa-
42 Journal of Scholarly and Scientific Perspectives Number 2
Abstract
Kenya has declared war on the HIV/AIDS pandemic. But a victory in any war is of-
ten achieved when those managing the war possess unity of purpose, a common set of
deeply cherished values and, above all, a conscience large enough to make them feel un-
comfortable at the thought of deviating from those values. Kenya lacks such a con-
science. This has undermined efforts to win the now much publicized war on HIV/AIDS
pandemic just as it has done in many other countries in Africa today. This article, first,
presents the situation of the HIV/AIDS pandemic in Kenya today, highlighting the meas-
ures the country has taken to wage war on the pandemic. Second, the paper attempts to
show that the efforts to win the war are undermined by corrupt political leadership that
lacks a nation’s conscience to restrain leaders from committing economic crimes, result-
ing in reckless blunders and misappropriation of the very funds meant for the war on the
HIV/AIDS pandemic. By analyzing the events that led to the loss of the nation’s con-
science, the paper then shows how this political leadership without conscience has now
left the ordinary citizen in abject poverty despite the availability of immense wealth in the
country. This in turn has not only created a fertile ground for the spread of HIV/AIDS but
has also rendered the citizen unable to fight back the scourge. The paper then suggests
that one way of winning the war on the pandemic is to direct more efforts toward the res-
toration of the nation’s conscience by putting in place measures that would ensure the
cultivation of a culture of transparency, accountability and good governance in Kenya.
46 Journal of Scholarly and Scientific Perspectives Number 2
declining morale (United Nations, Impact tions, these orphans will most likely drop
of AIDS, 2004). Businesses with health out of school. Some children now stay at
schemes incur increased medical costs. home to care for sick family members.
The declining productivity and increasing Teachers are dying from HIV/AIDS. Oth-
medical costs result in declining profits. A ers are too sick to work, thus denying the
study funded by USAID under the AIDS education sector of vital skilled human
Control and Prevention project found that resources.
the cost of HIV/AIDS per employee took A report by the government of Kenya
a large portion of profits (United Nations, and UNICEF on impact of HIV/AIDS on
Impact of AIDS, 2004). A study on the education in Kenya also indicates that
effect of HIV/AIDS in labor productivity teachers’ participation and performance in
in Kenya provides evidence that the learning process is adversely affected
HIV/AIDS indeed reduces the productiv- by chronic absenteeism due to HIV/AIDS
ity of the labor force (United Nation, infections (Government of Kenya and
ibid). UNICEF, Impact of HIV/AIDS on Educa-
tion, 2004). Yet, finding quick replace-
Impact on Agriculture ments for such teachers is not easy since it
takes time to train them. The loss of
Although agriculture is the backbone trained and experienced teachers and in-
of Kenya’s economy, the impact of HIV terruption of teaching programs due to
and AIDS has lowered productivity in illness were noted as compromising the
farming areas to dangerous levels due to quality of education. The report also
illness, absenteeism, death and subsequent found that in both communities and
loss of farming skills. As a result, there is households, resources available to support
less land under cultivation, less labor- education were increasingly being di-
intensive crop production, less crop vari- verted to meet HIV/AIDS-related needs.
ety and less livestock production. Family The HIV/AIDS pandemic has, therefore,
members diverted their time from produc- undermined Kenya’s achievements in
tive use to spend it in caring for the sick literacy while increasing the dropout rates,
and attend funerals, which also contrib- the number of poorly educated children,
utes to loss of household income. This and the number of working children,
results in the decline in agricultural in- thereby delaying the implementation of
come, food production and increased food the country’s declared policy of “Educa-
insecurity. tion for All.”
erally taken to mean the recognition and had been oppressed under the Roman
acceptance of a principle of conduct as Catholic system during the medieval pe-
binding. Moral philosophers and theologi- riod. He identified himself strongly with
ans now regard conscience as the inner the sense of anguish described by Saint
sense of right and wrong in moral Paul and Saint Augustine over every ac-
choices. The term also refers to the satis- tion and impulse. While the medieval no-
faction that follows right conduct and the tion held that conscience was a faculty a
dissatisfaction and remorse resulting from person possessed in his mind, the Protes-
what is considered wrong conduct. tant reformers tended to view conscience
However, the concept has gone as a psychological organ, infallible and
through some kind of metamorphosis with inviolate. The French philosophers René
the passage of time. During the classical Descartes and Michel de Montaigne also
period, ethical theories often regarded upheld these views (Hutchins, R. May-
conscience as a separate faculty of the nard, 1952).
mind that resides in the human soul. This Whereas 18th-century philosophers
notion first appeared in the works of the Jean Jacques Rousseau and Immanuel
Greek philosopher Democritus, an older Kant believed that conscience could pro-
contemporary of Plato. Democritus is said vide a basis for deliberate, autonomous
to have used the Greek word suneidesis to moral action, the 19th century philoso-
refer to consciousness or awareness of phers widely disparaged conscience. In
wrongdoing. Then, the Roman philoso- his work “Annotations to Watson,” the
pher Cicero translated suneidesis as con- English poet William Blake wrote, “Con-
scientia, from which the now English con- science in those that have it is unequivo-
science is derived. According to Cicero, cal”. The German poet Johann Wolfgang
conscientia is an inner voice that speaks von Goethe portrayed his character Faust
with greater authority than any form of as laboring to purge himself of con-
public approval. In his work Tusculan science. The Danish philosopher Søren
Disputations, Cicero used the metaphor of Kierkegaard and Russian novelist Fyodor
a bite (Latin remorsus, from which the Dostoyevsky, seem to view conscience as
English remorse is derived) to describe being something obsessively inward
the feeling aroused by a troubled con- which leads to deep despair.
science. But German philosopher Friedrich
Later, the apostle Saint Paul referred Nietzsche held that conscience merely
to conscience as the law written on the imitates pre-existing values. He observes
human heart (Romans 2:15). For Paul, that from the earliest times in which
scrupulous conscience brings not only groups established social customs or
illumination but also agony: it relentlessly norms and enforced them through social
exposes the inner battle that human beings sanctions, members of such groups who
must wage against their own impulses were tempted to violate these customs and
(Romans 7:15-20). Later on, the Fathers norms could always feel the disapproval
of the Church, led by Saint Augustine, of their fellows and even “hear” in their
maintained Paul's view that conscience is own minds an inner voice of protesting
an inner witness to divine law, common to outcry: “No, no, please don’t do that”
all human beings (Edwards, Paul, 1967: (Edwards, Paul, 1967:189).
200). This restraining influence of the mind
However, the Protestant reformers of upon the conduct of an individual became
the 16th century, led by the German theo- more explicit with the development of the
logian Martin Luther, felt that conscience science of psychology, although it had
52 Journal of Scholarly and Scientific Perspectives Number 2
long been expounded by the Greek phi- This paper adopts this modern psy-
losopher Plato. During its initial stages, chological interpretation of conscience.
psychology held the view that the human The point of emphasis here is that con-
mind is made of different faculties, each science is learned attribute. It is “learned
responsible for different capacities or modes of reaction to stimuli.” One has to
abilities. These faculties were comprised “learn” in order to acquire these modes of
of reason, which was thought of as the reaction. Now, psychologists generally
rational part of the mind; emotion, that define learning as a relatively permanent
was the passionate one; volition, which change in behavioral tendency resulting
enables the individual to reach decisions from reinforced practice (Kimbler,
and make choices, and the moral part, 1961:114). To put it more simply, learn-
which operates through feelings. Scholars ing is change in behavior due to practice
such as Shaftesbury and Francis (Sills, 1968). The important point to note
Hutcheson, for example, held the view here is that the newly acquired mode of
that the moral faculty would arouse feel- behavior can survive only if it is sustained
ings of repugnance in an individual if he by constant practice or reinforcement. So,
attempted to do anything immoral which conscience as a mode of behavior, once
violated the customs and mores of his learned, is bound to die or disappear from
society and that the same faculty would a person’s mind if it lacks sustenance
arouse feelings of approval by the thought from reinforced practice.
of acting virtuously (Edwards, 1967).
Other scholars, however, have seen this Conscience in the “Good Old Days”
moral-sense type of theory differently,
although along the position that had been For those who still care to recall
held by Plato. Samwel Clerk and Richard with nostalgia the “good old days” (now
Price, for example, have thought that the lost), memories are still fresh about the
moral faculty of the mind must be similar days when people in Kenya used to leave
to reason or understanding since it enables their homes unlocked and suffered no
the individual to distinguish between right burglary. (This author used to leave his
and wrong. Joseph Butler has termed this house door unlocked in the 1970s for the
faculty of the mind “conscience” (Ed- milkman to enter whenever he went out
wards, Paul, 1967). for a weekend, and the door would remain
Of course, modern psychologists, par- unlocked until he returned!). Memories
ticularly those belonging to the behavior- are still fresh about the days when women
ist school, do not see conscience as a men- could walk freely at any time of the day
tal faculty. Instead, they refer to it as and night and fear no molestation, when
“learned modes of reaction to stimuli ” children were safe under the care of an
(Edwards, 1967: 190), a position that adult, any adult; days when a traveler
seems to have been alluded to by Frie- could get a meal and a place to lodge from
drich Nietzsche, as has been mentioned a total stranger; days when a deal was
above. According to this view, when a often sealed by the mere shake of the
person has been trained or conditioned to hands and a person’s word was always the
respond to certain stimuli such as standard bond; days when there was dignity in
forms of conduct or ways of doing things honesty, hard work and thrift and when
which are widely and strongly approved, one was always respected for speaking the
the person tends to feel uncomfortable at truth; days when elders, by their good
the thought of deviating from those stan- counsel and decorum, inspired unqualified
dard forms of conduct. respect in those of the succeeding genera-
Impediments Against the War Against HIV-AIDS in Kenya 53
tion. The ordinary citizens now mourn well-being. He acquired values that made
this loss of their nation’s conscience and him believe in communal life that was
long for its restoration. safer and more reassuring than a life of
During the pre-colonial era, indige- individual toil, adventure, initiative and
nous education systems succeeded very accomplishment.
well in the development and maintenance Now as long as the various ethnic
of conscience at the individual and com- communities remained relatively isolated
munity level. This is mainly because edu- and therefore undisturbed by outside in-
cation in those indigenous societies con- fluence, indigenous education continue to
centrated more in inculcating and per- perpetuate a stable set of social values that
petuating social values and the preserva- ensure unthreatened social cohesion.
tion of a stable system of social relations Through the use of social sanctions, ta-
for communal advancement as opposed boos and the threat of being ostracized,
to imparting knowledge and skills ori- these communities were able to influence,
ented toward individual advancement. regulate and direct the conduct of each of
The inculcation of these social values their individual members and ensured that
and the maintenance of strong social co- certain vices such as corruption theft,
hesion was necessary for a number of murder, or human rights abuses were ef-
reasons. First, the different ethnic groups fectively kept in check. For reasons al-
lived in a predominantly subsistent econ- ready indicated above, discipline, pun-
omy, always relying on the vagaries of the ishment or rewards were all dispensed
weather that was completely beyond their within the guiding principle of collective
control. Secondly, nature itself threatened responsibility. The well-being of an indi-
the indigenous individual person with a vidual from the cradle to the grave, in-
variety of such devastating calamities as cluding his upbringing and his conduct,
droughts, hailstones, lightning, floods, was the responsibility of every able bod-
volcanoes, landslides and tremors. Nor ied adult in the community or village
were threats from nature the only ones. rather than that of the nucleus family
There were also threats caused by human alone. Through this process, the individ-
conflict, such as war and raids, just to ual’s conduct was under constant surveil-
mention a few. All these made the life of lance, and the individual was always
an individual constantly balance on the aware of it.
edge of disaster and forced him to seek To reinforce and strengthen this proc-
refuge in social cohesion and its reassur- ess, elaborate myths and beliefs regulated
ing communal responsibility for his safety almost every aspect of individual and
and well-being, both materially and spiri- community actions and were backed by
tually. supernatural sanctions. Myths regulated
Therefore, for survival and security in not only the individual’s interaction with
threatening situations, for confidence in his social environment but also his inter-
facing and tackling difficult problems in action with the physical environment,
life, for guidance in situations of uncer- such as the use and preservation of natural
tainty, the individual turned to his kin- resources. Certain plants and animals, for
bound world of the family, the homestead, example, were regarded as either sacred or
the lineage, the clan and the tribe. Insu- extremely useful to the well-being of hu-
lated in this kind of social environment, manity and were therefore treated with
the individual inevitably learned, acquired reverence. Hunting, for example, was
and cherished the kind of values that en- done never as a sport to satisfy man’s
sured communal responsibility for his craving for destructive indulgence but as a
54 Journal of Scholarly and Scientific Perspectives Number 2
necessity to provide food for the family. Factors that Influenced Loss of Con-
And even then, whenever such hunting science in Kenya and Perhaps Else-
became necessary, the myth associated where in Africa
with the manner of killing the animal was Colonial Influence
always elaborate. For example, a Hotten- The coming of the colonial era with
tot or Pigmy hunter ensured that he apolo- its foreign system of education, religion,
gized to the antelope before he would aim commerce and industry introduced new
his arrow at it and shoot it dead, uttering and completely opposite values from
words to the effect that it was not really those of the indigenous societies. The
his wish to kill the animal but that it was values that had been responsible for main-
because his family needed food and the tenance of communal cohesion fell victim
antelope’s meat was that delicious food! and were completely undermined by these
Traditions of indigenous ethnic new systems. These colonial conse-
societies succeeded in instilling these so- quences inevitably arose for a variety of
cial values because every effort was made reasons. In the first place, colonialism
to ensure the maintenance of a strong necessitated the movement and migration
bond of social cohesion where everyone of people away from their cohesively in-
lived a shared life. As Hord and Scot Lee terwoven ethnic communities and made
(1995) have elaborately put it, the guiding them interact with those from other cul-
principle always was “I am because we tures, some of whose values and norms
are.” More often than not, individuals were at variance with those of one’s
maintain a strong bond of social cohe- community. An individual’s conduct was
sion only if they share a common set of no longer under the watchful eye of fellow
values they all cherish and which regu- members of his ethnic community and,
late their lives. If a member attempts to therefore, he/she could not feel duty-
deviate from these values, the inner voice bound to conform to those widely ac-
of conscience often prickles and he/she cepted ethnic standards of doing things
feels uncomfortable. The amount of dis- since, as no one from “back home” was
comfort and remorse that individuals ex- around to raise eyebrows if the individ-
perience whenever they attempt to violate ual’s conduct deviated from the ethnic
existing societal values may serve both as norm.
a proof and as a measure of the extent to Perhaps the most devastating blow of
which individuals have developed the the colonial institutions on the indigenous
voice of conscience in their minds. The value systems was the freedom it granted
greater the feelings of discomfort and re- to the individual as an independent entity,
morse an individual experiences in violat- completely eclipsing the old systems
ing the commonly held values, the where one’s individuality and identity are
stronger and more compelling the voice of “swallowed up” in the individuality and
conscience the individual may be said to identity of the whole social group. The
have developed. Indigenous communities colonial system of education enabled the
succeeded in developing this strong con- individual to acquire scientific knowledge
science among their members by their and understanding not only of the world
success in inculcating a strong common around him but also of the anatomy and
set of values and a code of conduct by physiology of his own body. This knowl-
which everyone lived. edge that became power dispelled old
myths and beliefs that had created and
perpetuated fear, forcing the individual to
cling to his fellow men for assurance,
Impediments Against the War Against HIV-AIDS in Kenya 55
support and security. Until then, the inse- 1970s, contrary to expectations political
curity caused by the fear of the unknown leadership in independent Kenya had be-
had created the need for continued social gun to show a downward trend in the con-
cohesion. The newly acquired knowledge cern for the well being of its ordinary citi-
and understanding wiped out this fear and zens. How? By systematically resisting
with it went the need for continued strong genuine efforts to initiate and nurture a
social cohesion, freeing the individual culture of transparency and accountabil-
from the yoke of group protection and ity in the provision of goods and services
affording him the opportunity and the in all sectors of the economy when the
confidence that he needed to stand on his leadership knew very well that these are
own. the two vital qualities, the possession of
With this freedom came the accom- which any government builds a firm
panying and inevitable personal responsi- foundation upon which a nation’s con-
bility. An individual was now his own science rests.
master, carrying on his shoulders all the It all began with a section of the rec-
responsibility for both his well being as ommendations of the Ndegwa Commis-
well as his suffering. His welfare was no sion Repot of 1974 that advocated the
longer the concern of his community. He establishment of the Ombudsman, the
carried his own cross. Punishment for his watchdog office that would have ensured
vices and reward for his virtuous conduct that transparency and accountability were
were no longer perceived as a community nurtured and practiced in the public ser-
affair where an individual always rejoiced vice (Government of Kenya: 1970-71).
and/or suffered as a member of the group. The Commission was fully aware of the
He now faced the world alone. And when danger of public servants, particularly
The HIV/AIDS plague came and compli- those in high places, abusing their powers
cated that world further, the individual, to further their private interests, especially
particularly in the urban areas, had to face where these interests conflicted with pub-
it alone! Given his/her economic status, lic duty. So, the Commission's Report
this made the condition even more pre- recommended putting in place very firm
carious. safeguards against such a danger in the
form of a watchdog. The Report advised:
Lack of Political Will after Independ-
ence: “The Spirit is Willing but the Body To deal with the danger that fear and fa-
is Weak” vour may operate behind the wall of offi-
cial secrecy, and with the danger that
powers may be abused, we have no hesita-
At independence, the citizens hoped
tion in recommending as a matter of ur-
that the newly established nation state gency the creation of Kenyan equivalent
would step in and fill the gap left by the of the "Ombudsman or Parliamentary
disintegration of the indigenous cultures. Commissioner, which has now been estab-
The new government was expected then, lished in many countries of the world. ...
as now, to provide the necessary assur- The essential feature of this proposal is
ance, security, transparency and account- that there should be a highly qualified and
ability if the individual citizen was to suc- authoritative institution, with powers of
ceed in facing the world alone and enjoy access to all official files and powers to
question all public servants and any
the newly acquired socio-political and
member of the public which can receive
economic freedom, particularly in the and investigate any bona fide allegation
urban areas. The government never pro- that an abuse of power or improper use of
vided these prerequisites. By the early office has occurred. This must be coupled
56 Journal of Scholarly and Scientific Perspectives Number 2
with an obligation to make a public report kept under surveillance (Sessional Paper
on such allegations, and if necessary to No.10: 1974). Despite its recognition of
refer such reports to proper quarters ... the need for greater accountability and
for action. (pp. 23-24)
openness among public officials and,
therefore, the need for the office of the
In recommending such safeguards, Ombudsman, the government vehemently
the Commission's Report was not only and shamelessly argued against it in the
advocating protection of the public from National Assembly as follows:
the possible danger of the tyranny of the
State upon its citizens, but it was also ad- the Government considers that the office
vocating protection of the public servants is unnecessary in a parliamentary democ-
from unjustifiable criticisms that might be racy where the maxim that the State can
leveled against them by treacherous citi- do no wrong no longer holds true by rea-
zens who may be bent upon smearing the son of the fact that the Government and
good name of the State or of any of its Government Servants can be sued and
public servants. As the Report rightly put prosecuted in civil matters. A citizen in-
jured by an abuse of office by public ser-
it,
vants can also have the matter raised in
Parliament by means of Parliamentary
We would like to emphasize that this Question. Furthermore, it is feared that
proposal is not merely designed to the "Ombudsman" might be misused by
safeguard the public from abuse of unscrupulous elements in the society for
power. It is also important to protect witch-hunting and undue victimization.
the public services from false allega- The Government does not, therefore, ac-
tions. What is needed in such cases is cept this proposal at this time (p.17).
the existence of a routine system of
impartial inquiry such as we are rec- Now, in the absence of such an office
ommending. (p. 24) it would be extremely unfortunate should
the State machinery happen to fall into the
Admittedly, these were noble ideas. hands of unscrupulous leadership. The
But those charged with the important re- citizens would hardly escape, let alone be
sponsibility to see that these recommenda- saved, from undue victimization by State
tions were implemented lived up to their officials in cases where the citizens ques-
reputation. Being the very public servants tion their activities. When State apparatus
whom the Commission's Report allowed happens to be in the hands of such un-
to engage in private business, they con- scrupulous officials, the tyranny of the
veniently selected those sections of the State may at times escalate to such ridicu-
Report that suited and promoted their pri- lous proportions that it knows no bounds,
vate interests and deliberately “killed”, not even the recognition and respect for
through constitutional means, any recom- parliamentary immunity enjoyed by the
mendations that would question these people’s representatives.
private interests. How? Indeed, this seems to be precisely
When the Commission's Report was what happened soon after rejecting the
brought to the National Assembly for ac- Ndegwa Commission recommendation on
ceptance and implementation, the section the establishment of the “Ombudsman.”
on the establishment of the watch-dog Around that time, powerful but selfish
institution of the Ombudsman was con- officials without any conscience at all
veniently rejected by the leaders whose found themselves in control of the State
private interests it definitely would have machinery. In the absence of the watch-
dog institution whose establishment they
Impediments Against the War Against HIV-AIDS in Kenya 57
had rejected earlier, and taking advantage country in questioning the illegal activities
of the then aging president Mzee Jomo of those who held the reigns of power.
Kenyatta, these officials became increas- The second example illustrates even
ingly intolerant to any criticism leveled more graphically the extent to which the
against their official conduct. Perhaps two tyranny of the State could stretch when
examples may suffice here to illustrate State apparatus is controlled by unscrupu-
this point. lous officials in the absence of the Om-
In 1975, barely a year after the gov- budsman. When there was disclosure in
ernment had rejected the establishment of the National Assembly that the then At-
the watchdog office of the Ombudsman, torney General, Mr. Joseph Kamere, and
arguing that there was no need for its exis- the then Minister for Labor, Mr. Titus
tence since any citizen injured by an Mbathi, were at the centre of alleged cor-
abuse of office by public servants can also ruption in the then infamous loan dealings
have the matter raised in Parliament by with the Bank of Baroda (ibid., p. 4), the
means of Parliamentary Question, the late Attorney General was so embarrassed that
Mr. George Anyona, the then honorable eight months later he was driven to a
member of Parliament for Kitutu East, make desperate attempt to introduce a Bill
questioned in Parliament what the public in Parliament aimed at making a law that
felt was misuse of power and abuse of would restrain anyone from unlawfully
office by some State officials concerning exposing such evil dealings!
the cancellation of the contract with a Ca- Unfortunately, the embarrassment had
nadian firm for the supply of rail wagons. seemingly taken its toll. He was unable to
Anyona tabled papers to substantiate his figure out how to frame the Bill well. In
claims. Now, instead of the State is feel- the process, he fumbled with the Bill so
ing guilty that it had been “caught with its badly that he had to be forced to withdraw
pants down”, it turned round and accused it. To save the government further embar-
Anyona of being in possession of classi- rassment, Kamere had to be relieved of
fied government material and unasham- his duties as the Attorney General. See?
edly threw the honorable member of par- By refusing to implement the recommen-
liament into detention (The Weekly Re- dation to create the office of the Ombuds-
view, May 16, 1977:4). man, the State not only supported those in
If the country had heeded the recom- power to practice tyranny against its own
mendation of the Ndegwa Commission citizens, but, what was worse, it also
and had instituted a well established office opened a wide avenue for them to practice
of the Ombudsman and if the office had all sorts of corruption and other evils be-
been allowed to do its job, there would not hind the walls of official secrecy.
have arisen the need for The Hon. Anyona However, despite its effort to kill the
to question in Parliament the conduct of establishment of this important office in
the State officials in the cancellation of 1974, the Government found itself in an
the Canadian firm contract. The Ombuds- awkward position when, four years later,
man would have identified the misuse and it convened a National Leaders Confer-
the abuse of power for private gain by ence at the Kenya Institute of Administra-
these State officials and stopped it at its tion (K.I.A.). The Conference was held
onset. This in turn would have saved the from 17th to 19th January, 1978. The
people of Kitutu East the agony of watch- government fell short of admitting that it
ing helplessly as their Member of Parlia- had made a grave mistake in rejecting the
ment was being thrown into detention for Ndegwa Commission recommendation
heroically representing the citizens of this concerning the establishment of the office
58 Journal of Scholarly and Scientific Perspectives Number 2
of the Ombudsman. All the leaders pre- depended on his own self-criticism and
sent agreed and lamented that corruption evaluation in whatever he did.
in high places was rampant. They sug-
gested that one way of eradicating it and Immunity to outside evaluation and criti-
of providing the machinery for the public cism, while making it possible for the pub-
to register their complaints without fear of lic servant to pursue his duty without in-
terruptions, also makes it possible for him
undue victimization was the creation of
to neglect his work, or even abuse his of-
the office of the Ombudsman (Republic of fice. Perhaps even more importantly, im-
Kenya: Second National Leaders Confer- munity to outside criticism means that the
ence, January 17th-19th, 1978.) The Con- Civil Service is entirely dependent on self-
ference clearly resolved criticism for the continuing reform and
improvement of its development capabil-
That corruption is strongly condemned ity. History gives little grounds for opti-
and that legal proceedings should be in- mism that any social institution will ex-
stituted against those who practice it and hibit this quality of constant self-renewal
in addition an office should be estab- if it is not subjected to effective pressure
lished through which members of the pub- from outside to do so (p.133).
lic and leaders alike can get redress for
wrongs done against them to ensure effi- The Waruhiu Report made a strong
ciency of Government administrative case for the establishment of the office of
practices. (p36) the Ombudsman. It gave extremely con-
The spirit was there, present and always vincing reasons why there was need for
willing, but the body was too weak to this office. Explaining that Ombudsman
make any move. Yet the need for the es- is an old Swedish word meaning a person
tablishment of the Ombudsman in Kenya who acts and speaks on behalf of someone
kept rising. Nearly ten years after The else, the Report said that the word has
Ndegwa Commission, the heat from the now been internationally adapted to mean
burning spirit again ignited the fire in yet
another Report, this time headed by S.N. the special institution for the protection of
Waruhiu (Republic of Kenya The Report the rights of the citizen against abuse of
on the Civil Service Review Commit- power, error and neglect by authorities.
tee:1980). The Waruhiu Report stressed The basic idea behind the creation of the
that the watchdog office should be set up: Ombudsman is that the courts and admin-
“We are persuaded that there is still a istrative agencies would be less inclined
case for the creation of the Ombudsman to disregard or abuse or misuse the laws.
and we suggest that the Government con- The rights of the people would be better
safe-guarded if the activities of the au-
siders and determines whether this is the thorities were watched by a people's tri-
right time for the establishment of the bunal which is independent of the Gov-
office of the Ombudsman” (p.23). ernment (p.134).
Like the Ndegwa Commission Re- The Report said that the main duties
port, the Waruhiu Report also devoted a of the Ombudsman would be to protect the
whole chapter to the need to establish this individual citizen against the tyranny of
office. The Ndegwa Commission had the State, "against injustice arising from
clearly stated that the absence of such an misconduct, error of judgment, abuse of
office at any one moment meant not only office or encroachment by people in au-
that a person in a powerful office would thority." What was more, the Report rec-
easily abuse his powers but that such a ommended that the Ombudsman should
person (and this was even worse) always recommend "prosecution of a public offi-
Impediments Against the War Against HIV-AIDS in Kenya 59
cer who has committed a fault or ne- budsman, the leaders again complained of
glected his duty" (p.11). "indiscipline, malpractices, and divisive
But when the Report was tabled be- politics" (ibid, p.18), the very evils which
fore Parliament for acceptance and im- the office of the Ombudsman was required
plementation, the Government rejected it to prevent. After discussing how these
(Sessional Paper No.10:1980 ). Recalling evils were affecting the nation, the leaders
its earlier stand when the Ndegwa Com- in the Conference
mission had recommended that the office
be established, the Government main- felt that there was an urgent need for a
tained that code of ethics. This was felt necessary in
order to encourage and maintain disci-
Waruhiu Committee has suggested the re- pline in our society, particularly among
vival of setting up the Office of the Om- leaders. The need for a clear document
budsman which had been proposed by the setting out such a code for all leaders,
1970-71 Ndegwa Commission. The Gov- whether in politics, public or private sec-
ernment rejected the establishment of this tor, was desirable. In this respect, it was
office in the Sessional Paper No. 5 of suggested, and the delegates agreed to
1974 on the grounds that such an office request His Excellency the President to
might be misused by unscrupulous ele- appoint a committee to draft such a code
ments for witch-hunting and undue vic- for consideration by the party and the
timization. The Government still main- Government. Once approved, knowledge
tains the same views and accordingly re- of, respect for and living by the code
jects the establishment of the office of the would be prerequisites for any person
Ombudsman (p.11). aspiring to a position of leadership (The
Weekly Review, pp. 10-11).
Now the government’s rejection to
How this code of conduct would func-
implement this recommendation was
tion without the existence of the watchdog
rather shocking and, in fact, reflected once
office was not made clear. And even
again a somewhat childish ambivalence.
then, the committee to draft such a code
It should not be forgotten that this was the
was never appointed until after the coup
same government which, at the Second
attempt of August 1, 1982, when the
Leaders Conference held at K.I.A. barely
President appointed Mr. Gecaga to chair
two years earlier, had passed a strong
such a committee. Anyone can now see
resolution that the office of the Ombuds-
that, had the recommendation in the
man be established. It is not clear why
Ndegwa Commission Report been heeded,
these same leaders could turn round to
there would probably not have arisen later
reject the very office they themselves had
the need for the appointment of the Ge-
resolved to set up. Were they merely pay-
caga Committee to draft the code of con-
ing lip-service to the K.I.A. Second Lead-
duct. The existence of the code of conduct
ers Conference, only to find themselves
was not going to do the job that the Om-
later caught with their pants down by the
budsman was supposed to do. Kenya still
Waruhiu Commission Report, or is this
needed the services of the Ombudsman
yet another glaring example of a willing
over and above the existence of the code
spirit in a miserably weak body politic?
of conduct that the Gecaga Committee
The government's ambivalence again
had suggested.
resurfaced at the Third National Leaders
That notwithstanding, the need for a
Conference held again at K.I.A. on 21-22
watchdog office grew stronger and
July, 1980. After rejecting the Waruhiu's
stronger as public morality of those hold-
recommendation concerning the Om-
ing high offices sank lower and lower
60 Journal of Scholarly and Scientific Perspectives Number 2
with the passage of time. Enjoying the Kibaki administration is already stagger-
protection and the convenience of hiding ing under the cripplingly heavy weight of
and operating behind the walls of official its own scandals, as voters open-
secrecy, these shameless government offi- mouthedly gape in utter disbelief as to
cials (with no conscience) threw the vir- whether this truly is the government they
tues of transparency and accountability overwhelmingly brought to power. Two
out the window. The Goldenburg scandal, of these scandals may illustrate the magni-
which involved top government officials tude. First, there is the embarrassing An-
in the Moi administration, is a classic ex- glo-Leasing scam in which top govern-
ample of crimes that can be committed ment officials fleeced the treasury Ksh 4
behind the walls of official secrecy. The billion for non-existent Criminal Investi-
scandal, now popularly known as “The gation Department (CID) forensic labora-
Golden Affair,” is the subject of a judicial tories. Then the chilling HIV/AIDS funds
commission of inquiry (Republic of scandal (now dubbed “Robbing the Dy-
Kenya: The Kenya Gazette, Special Issue, ing”) in which top government officials
24tFebruary, 2003). The Commission was are reported to have gone into a looting
appointed “to inquire into allegations of and feasting frenzy on HIV/AIDS funds
irregular payments of export compensa- entrusted to them for proper administra-
tions to Goldenberg International Limited, tion while millions of patients continue
… and into payments made by the Central suffering without treatment (Kenya Gov-
Bank of Kenya to the Exchange Bank ernment, Efficiency Monitoring Unit:
Limited in respect of fictitious foreign Report on the Financial Management
exchange claims” (ibid. p.1). Audit of the National Aids Control Coun-
Headed by the judge of the High cil, 2005.).
Court of Kenya, Justice Samuel E.O. All this is happening when the Narc
Bosire, the Commission is expected to administration is privileged with the best
establish, among other allegations, means and ways to wage and win the war
on graft, using, among others, its newly
the circumstances and grounds upon established formidable weapons of Kenya
which the compensation was claimed Anti-Corruption Commission (KACC) and
and paid to Goldenberg International the Anti-Corruption and Economic
Limited…the actual amount of export Crimes Act (ACECA). Despite having
compensation paid…,including but these lethal arsenals at its disposal, how-
not limited to Ksh. 5.8 billion, and ever, the Kibaki administration has largely
whether any of the said amount was remained a sorry case of a willing spirit in
paid to third parties and if so, the Kenya’s miserably weak body politic, as
identity of such third parties and the now clearly evidenced by its weakness to
amount paid to them (p.1). deal firmly with the Anglo-Leasing scam
looters and other corrupt senior officials
Unlike those in the Moi administra- within its ranks.
tion, the scandals in the Kibaki admini- But, just as Karl Marx observed long
stration have become even more shocking. ago, such scam never escapes the effect of
Kibaki’s Government of National Rain- historical dialectics and inevitably culmi-
bow Coalition (Narc) came to power on nates in creating for itself a strong antithe-
the firm promise to anxious voters that it sis – in this case, it is the agitation by the
shall wage war on corruption. Yet, be- citizens for transparency and accountabil-
fore it could reach even halfway through ity. That is what seems to have happened
its expected five-year period in office, the two years ago. Parliament once again
Impediments Against the War Against HIV-AIDS in Kenya 61
found itself faced with yet another motion The CID forensic labs deal in the An-
seeking the establishment of the watchdog glo-leasing scam of the Kibaki administra-
office of the Ombudsman nearly thirty tion that had declared “zero tolerance to
years since the government first resisted corruption” and involved contract
its establishment. The spirit is willing (it amounts of Kshs.4 billion. This enormous
has been doing so since the Ndegwa figure, Kiai observes, “is more than the
Commission in 1974 as evidenced by the Kenya Roads Boards used (Kshs. 3.42
recent enactment of KACC and ACECA), billion) in FY 2002/03 to put gravelling
but the body politic is still weak, very mis- on 282km of roads, put pavement recon-
erably weak, as the above-mentioned struction on 20km of bitumen roads, re-
scandals clearly prove. seal and re-carpet 151km of roads.” (ibid.
p.4)
The Cost of Losing a Nation’s Con- Leaders with no conscience never
science blink when they wallow in the midst of
conspicuous waste. Between September
Perhaps a detailed presentation of the 2003 and February 2004, Kiai reveals, the
transactions in the two major scandals High Court of Kenya, the very institution
mentioned above could suffice to illustrate expected to uphold the conscience of the
the magnitude of the economic crimes and nation, itself unblinkingly purchased a
loss to the country when political leader- fleet of 13 sleek Mercedes Benz E200k at
ship lacks national conscience. The diver- a cost of Kshs.82.5 million. These funds
sion of resources through rip-offs by the could easily enable more than 10,000
Goldenberg and Anglo-leasing, besides orphans of AIDS victims to go through 8
creating sudden and extreme income ine- years of schooling comfortably, only if
qualities, causes massive human depriva- political leadership had any conscience!
tions. That is why 2.5 million Kenyans are Nor is the High Court the only one
now faced with famine (The Standard. with a craving for buying limousines in
January 18, 2006) while, as was seen ear- the poverty-stricken and AIDS-ravaged
lier, 400,000 have no access to antiretrovi- country with 2.5 million citizen already
ral treatment. staggering under starvation. That honor
The loss of the nation’s conscience is goes to Ministers and Permanent Secretar-
best illustrated in the Goldenberg Scandal ies. In their first act of business after the
of the Moi administration. While Kenyans December 2002 election, Kenya Parlia-
are still counting the cost, it is said that in mentarians voted to give themselves each
one transaction alone, some KShs.13.5 a grant of Kshs.3.3 million to buy vehicles
billion ($180 million) was ferreted from for their use, on top of salary and allow-
Central Bank of Kenya. According to ance increases that total about
some accounts, as much as Kshs.70 bil- Kshs.600,000 per MP. The total cost of
lion was looted in three years (Maina the grants for these new vehicles is
Kiai, “Poverty and the Struggle for Hu- Kshs.732 million over 5 years. This
man Rights in Kenya”, UNESCO, Nai- money could provide anti-retroviral
robi, May 9, 2005). This huge sum of drugs for 20,000 people for one full year,
money “is equivalent to what the country only if political leadership had any con-
requires to finance free health care for science!
all people in Kenya for one and a half The Centre for Governance and De-
years” (p.4)only if the political leader- velopment, in a landmark report analyzing
ship had a conscience. the reports of the Controller and Auditor
General, states that the government of
62 Journal of Scholarly and Scientific Perspectives Number 2
Kenya lost Kshs.475 billion from 1991 to throwing the unfinished meals into the
1997. These funds – for which there was dustbin. At that time, cooperation rather
not discernable accountability are twice than competition was the key in social
the annual revenue collection by the Gov- relations. Today, it is competition. The
ernment! It was enough to repay Kenya’s modern formal system of education, with
external debt of about Kshs.350 billion, its devastating testing methods, is elabo-
and build all the roads that Minister for rately designed to encourage competition.
Roads says he needs (Kshs.90 billion), The new competitive values are not only
and still give the Minister for Health the aspects of modernization, but they are also
Kshs.40 billion needed to start the Free responsible for contradictory change
Health Care project, only if political which is the science of post-modernism.
leadership had any conscience! When an individual finds himself
constantly competing against his fellow
Implications on War Against men for resources artificially made scarce
HIV/AIDS Pandemic by a capitalistic economic system such as
the one now in operation, he inevitably
Faced with the kind of scenario de- develops a morality quite different from
scribed above, the individual in present that of individuals who constantly shared
day Kenya exerts personal efforts to im- the available resources and who cooper-
prove his lot. In practical terms, he finds ated to achieve a shared goal in an egali-
himself constantly in cut-throat competi- tarian community, long ago killed by co-
tion with his fellowmen for scarce re- lonialism. While the conscience of an
sources. The new capitalist system of individual in a cooperating group would
commerce and industry pits brother prickle him at the thought of deviating
against brother in this never-ending com- from group values of co-operation, the
petition for the artificially-made scarce individual in a competitive, capitalistic
resources which the Kenyan capitalist system will feel no discomfort at all if the
system adopted at independence. We unto destruction of his brother’s business
him should HIV/AIDS strike in the midst would shoot up his profits!
of this unfair competition because it will In any competition for scarce re-
nearly always catch him off guard and sources, the end justifies the means, and
cripplingly disadvantaged: no social secu- the winner always takes it all, with no
rity, no medical insurance, no secure em- love lost between him and the loser. Ever
ployment and, sadly, no one to turn to! since the introduction of capitalism as the
Interestingly, the apparent “scarce” way to steer economic growth in Kenya,
resources now being fought for happen to the country has witnessed the dreaded
be the very same resources that proved growth of materialistic culture and its at-
abundant enough for everyone in the tendant loss of the once cherished values
egalitarian indigenous community in the that used to enhance social responsibility.
pre-colonial era. All essential resources Nowadays, a person’s worth is what
were held in common and the welfare of he has, not what he is as an individual.
one individual was the concern and the People are now described in terms of what
responsibility of everyone in the commu- they possess so that the usual answer to a
nity. No one slept hungry when others had question such as “Who is this person?” is
something to spare (Nyerere: Man and often given as this is the owner of such
Development, 1974). Today 3,000,000 and such a company, or such and such a
Kenyans, most of them school children, house, or such and such a car, not his real
are starving to death when the rich are
Impediments Against the War Against HIV-AIDS in Kenya 63
name Kamau or Smith or Otieno or Patel HIV/AIDS than the “haves” The vul-
or Monyenye! nerability is compounded further by the
Under such material culture, the citi- misconceptions and persistent false
zens now clamor for material well being, indigenous beliefs about the causes and
for that is now the measure of the new but treatment of HIV/AIDS despite efforts
perverted “conscience.” Those who are now exerted toward educating the pub-
perceived wrongly or rightly as having lic about it. The false beliefs have led to
“made it” in present day Kenya all possess the now too frequent incidents in which
this new “conscience.” Unfortunately for some of the desperate HIV/AIDS vic-
the youth of this country, these people tims rape children as young as three
have now become the role models to be years and/or chop off their genitals to
emulated. More often than not what they use in making medicinal concoctions,
possess has been ill gotten. The benefici- falsely believed to cure HIV/AIDS in-
aries of the Goldenburg Scandal in Kenya, fections!
which is now the subject of a judicial In a country that lacks a nation’s
commission of inquiry, is a glaring classic conscience, individualism has occupied
example. But since society regards them centre stage and has led to the incidents
as role models, their morality becomes the described above. If this state of affairs
measure, the yardstick, the right one to be is not reversed, then it is hard to see
emulated! Hence, their conscience, how Kenyans will ever stop to reflect
Kenya’s new “conscience,” the inner upon the plight of the hungry packing
voice of materialism, encourages them to boy, or the thirsty twilight girl, or the
go for more rather than prickle them to sickly begging cripple, or the hungry
feel moral discomfort and refrain from orphaned child, all of whom are now
doing so. roaming in the urban streets and, sadly,
In such circumstances of this per- whose numbers are increasing at an
verted “conscience,” the poor are driven alarming rate.
into accepting that the end justifies the These are the sad realities that must
means, and it is not hard to imagine the be boldly faced by anyone truly concerned
devastating and chilling consequences: At with the efforts towards the restoration of
the extreme, the urban poor, in a desperate true national conscience that is so vital
attempt to survive, avail themselves of now in the war on HIV/AIDS pandemic.
exploitation. Here is an opportunity for an
almost “symbiotic” existence between the Suggestions for the Way Forward
“haves” and the “have nots.” The filthy
rich can now satisfy their base appetites, There are a number of possible op-
the drug traffickers target the children of tions open for anyone genuinely con-
the rich, the desperately needy schoolgirl cerned and willing to restore the nation’s
now surrenders her tender body to the conscience in the war on HIV/AIDS in
marauding sugar daddies, the beautiful Kenya and elsewhere. In the first place,
job-seeking girl is blackmailed into ac- the war can be won only by fighters who
cepting sex with a prospective employer, are truly committed to win, not those half-
the poor twilight girl plays the sex role of hearted civic and political decision mak-
a bitch for a rich man’s dog! What mat- ers, some of whom are even benefiting
ters is to have what one needs, not how from the existence of HIV/AIDS pan-
one gets it. demic.
In this perverted lifestyle, the “have This is particularly important in the
nots” are always more vulnerable to case of leaders charged with the responsi-
64 Journal of Scholarly and Scientific Perspectives Number 2
bility to wage war on the pandemic. For erence has already been made as to how
example, if leaders in charge of the funds ignorance of the cure for HIV/AIDS leads
already set aside for the war on the pan- to raping children and chopping off their
demic do not feel guilty (have no con- genitals for use in making concoctions
science to prickle them) when they mis- falsely believed to cure the disease. Since
appropriate the funds, it is highly unlikely education involves the acquisition of
that the war on HIV/AIDS will be won. At knowledge and understanding, it is the
the time of writing this work, a top execu- one single weapon which would enable
tive in charge of HIV/AIDS funds in the citizens to participate effectively in the
Kenya was serving a prison sentence for war on HIV/AIDS. The provision of this
misappropriation of such funds that were civic education is the responsibility of the
under her administration. There are many government. It has the obligation to de-
other examples of such unscrupulous offi- sign an urgent civic education program as
cials still holding high public offices, a short term measure to quickly sensitize
without any conscience at all to prickle the citizenry countrywide and in all sec-
them as they bleed their country’s econ- tors of the economy on the importance
omy to death. Those involved in the and advantages of understanding not only
Goldenburg and the Anglo Leasing scan- the nature of the HIV/AIDS pandemic but
dals are only the tip of the iceberg. They also the urgent need for the restoration of
show the extent to which the loss of the the nation’s conscience that is so crucial
nation’s conscience has sucked this coun- in the war on the pandemic. As the analy-
try dry. sis in the preceding sections has shown,
It would appear that the selection the root cause of loss of the nation’s con-
process through which the jailed official science is lack of will power to fight the
mentioned above got the appointment was evils of corruption in the government by
not watertight enough to prevent persons implementing the policies. Sensitization of
of this type of character and conduct from the citizenry should aim at empowering
ascending to important positions such as them to force those in power to implement
these, which, as can now be admitted, the policies aimed at ensuring transpar-
need individuals of conscience and high ency, accountability and good governance
integrity. since these are the pillars upon which the
Perhaps one of the many ways of re- restoration of the nation’s conscience will
storing the nation’s lost conscience would have to rest.
be to put in place mechanisms in which all Then, as a long-term strategy to re-
those holding important public offices are store the nation’s conscience, the coun-
made to undergo some kind of a stringent try’s national education system should be
vetting process to ensure that candidates designed so as to incorporate the teach-
of dubious and questionable character and ing of integrity, transparency and ac-
conduct do not occupy important public countability as an important component
positions. The vetting should be a con- of the school curriculum. The teaching of
tinuous and compulsory exercise. this component, if successfully done,
As for ordinary citizens, the most would hopefully lay the foundation for the
important resource they need is basic civic restoration of the nation’s lost conscience.
education. After all, at Independence, the It should be made a compulsory and ex-
Kenya Government actually declared war aminable subject at every tier in the coun-
on ignorance as one of the three most try’s education system. This is particularly
dreaded enemies that had to be fought, the important now that the government is
other two being poverty and disease. Ref- planning to give every child in Kenya a
Impediments Against the War Against HIV-AIDS in Kenya 65
minimum of twelve years of education Maina, K. (2005, May 9) Poverty and the
(Government of Kenya: Sessional Paper struggle for human rights in Kenya.
No.1, 2005). This strategy, together with Paper presented at the UNESCO
the fact that schools countrywide are now Seminar on ‘Poverty and Human
teaching and sensitizing children on Rights’, Nairobi, Kenya.
measures to take to avoid HIV/AIDS in- Microsoft Corporation, (1998). Encarta
fection, would certainly go a long way to 98 Encyclopedia.
win the declared war on HIV/AIDS pan- Nyerere, J. K. (1974). Man and develop-
demic. ment. Dar-es-Salaam: Oxford Univer-
sity Press.
References Republic of Kenya, National Assembly.
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Dostoyevsky, F. (1997 ed.). Crime and Nairobi: Government, Printer.
Punishment. London: Penguin Republic of Kenya, National Assembly,
Books. (2005). Sessional Paper No. 1 of
Dostoyevsky, F. (1999). The Brothers 2005. Nairobi:
Karamazov. London: David Camp- Government Printer,
bell. ______________, (2005). Report on the
Edwards, Paul (Ed.), (1967). The Ency- financial management audit of the
clopedia of Philosophy. London: National Aids Control Council. Nai-
Macmillan Publishing Co. Inc. & The robi: Government Printer.
Free Press, ______________, (2003, Feb 24). The
Goethe, J. W. Von, (1999). “Faust”. Se- Kenya Gazette, Special Issue.
lected Works. London: David Camp-
bell. ______________, Ministry of Health,
Government of Kenya and UNICEF, Kenya National Health Sector:
(2004) Impact of HIV/AIDS on educa- HIV/AIDS
tion. Nairobi, Government Printer. strategic plan, 2005-2010.
Government of Kenya, Ministry of Home ______________, (2004). Ministry of
Affairs, (2004). Rapid assessment Health, National Health Accounts.
analysis and action planning process. ______________, (2004). AIDS in Kenya:
Nairobi: Government Printer. Trends, interventions and impact.
Hord, F. L. & Scott J. L. (Eds.), (1995). I ______________, Guidelines on National
am because we are: Readings in black Home-based Care Programmes and
philosophy. Amherst: University of Services.
Massachusetts Press ______________, Guidelines on the Pre-
Hutchins, Robert Maynard (ed.), (1952) venting Mother-to-child Transmis-
MONTAIGNE (Great Books of the sion.
Western World _____________, National Guidelines on
Series) William Benton & Encyclo- Voluntary Counseling and Testing,
pedia Britannica, Inc. ______________, (2001). Guidelines on
Kierkegaard, S. (1944) The Concept of Antiretroviral Therapy in Kenya.
dread, (Walter Lowrie, Trans.) ______________, Guidelines on Blood
Princeton. Safety,
Kimble, G. A., Hilgard & Maryquis ______________, (1980). Third National
(1961, Rev. Ed.). Conditioning and Leaders Conference July 21st-22nd,
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Appleton. robi: Government Printer.
66 Journal of Scholarly and Scientific Perspectives Number 2
Abstract
Table 3. Estimated Adult and Adolescent Males living with AIDS by Race/Ethnicity
and Exposure Category End of 2003
Exposure category
Male-to-
Race/Ethnicit Male-to- male sex-
Heterosex- Total*
y male Injection ual contact
sexual drug use and injec-
ual Other
contact
contact tion drug
use
32,06 18,60
Hispanic 4,003 7,637 623 62,931
3 6
Asian/Pacific
2,329 304 146 349 81 3,210
Islander
American
Indian/Alaska 675 201 186 81 20 1,162
Native
Exposure category
Race/ethnicity Total*
Injection Heterosexual
Other
drug use contact
American Indian/Alaska
132 182 11 325
Native
Oklahoma Hiv/AIDS
Under 5
5-12
13-19
20-29
30-39
40-49
Over 49
Unknown
Figure 1 is a reflection from Okla- the states population, 51% are female and
homa Reported HIV/Aids for age groups 49% are male. The 1990 racial distribu-
of under 5 through over 49 out of Okla- tion was estimated as follows: White
homa’s 3,145,585 total population. The (81%), American Indian (8%), Black
state is divided into 77 countries, and of (7%), Asian/ Pacific Islander (1%) and
72 Journal of Scientific and Scholarly Perspectives Number 2
areas that are priorities for care, treatment cians, inpatient hospitalizations, outpatient
and program administration. The process care, death registries, HIV Counseling and
by which leaders appeal to followers’ val- Testing sites, etc., of HIV/AIDS infec-
ues and emotions is a central feature in tions in minority populations. County
current theories of transformational and health departments and all personnel of
visionary leadership in organizations programs are transformational leaders
(Bass, 1985, 1996; Bennis and Nanus, who provide support services and have a
1985; Sahkin and Fulmer, 1988; Tichy, responsibility of encouraging the provider
and Devanna, 1986). All of these theories to report when they first encounter a new
describe leadership as a process of influ- positive case in their practice. In many
encing commitment to shared objectives regions, data from certain analysis cannot
by empowering followers to accomplish be presented because of small numbers of
them. The Human Sciences Research HIV infection or AIDS cases in the minor-
Council (2004) reported that leadership ity communities. Reporting small num-
must advocate a vision that is highly, from bers of cases may lead to a breach of con-
the status quo, but still within the latitude fidentiality and to the inadvertent disclo-
of acceptance by the follower. It could be sure of a person’s identity. Showing data
argued that transformational leadership is with small numbers may be acceptable
the chameleon-like strategy for leaders only if there is no risk of such inadvertent
who appeal to minorities’ values, emo- disclosure.
tions, and poor neighborhoods in urban
and rural areas in an attempt to raise their Purpose of the Study
consciousness about HIV/AIDS. The
chameleon is uncompromisingly focused The purpose of this study is to em-
on its course. As it sticks to its course, it phasize the importance of the transforma-
scans its opportunities. When necessary, tional leadership role as a strategic tactic
it changes its color. When it moves, it in creating awareness of HIV/AIDS infec-
takes one step at a time. tions in minority populations. Theoreti-
Politicians are transformational lead- cally, transformational leadership can be
ers, and in addition to receiving passive effective in a variety of ways that are ap-
epidemiologic profiles and reports from propriate for certain situations. Burns
surveillance epidemiologists, they under- (1978) suggests that as far as transforma-
stand that the AIDS pandemic has became tional leadership is concerned, the follow-
a complex global crisis which continues to ers feel trust, admiration, loyalty, and re-
worsen. The U.S. Department of Com- spect for the leader, and they are more
merce distributes published and unpub- motivated to do more than they originally
lished data for large areas such as census expected to do. Transformational leader-
regions, states, metropolitan areas, coun- ship recognizes that prevention efforts,
ties, cites, and small areas down to the while very important, are insufficient and
size of a city block (DOC, 1993). In addi- that prevention cannot fully work without
tion to providing a regional snapshot of treatment. Magaziner (2004) reports that
the entire population, census data are used many people will not seek voluntary
as the principal source of denominator counseling and testing if they are simply
data for calculating HIV/AIDS incidence going to be told that they are HIV positive
rates (the number of cases per 100,000 and that nothing can be done about it.
people). Education and prevention will not signifi-
Solutions can be found from a variety cantly reduce transmission rates unless
of providers, laboratories, private physi- care and treatment accompany them.
74 Journal of Scientific and Scholarly Perspectives Number 2
Without adequate treatment, we will con- amount and type of power possessed by a
tinue to face a situation in which millions leader and the exercise of that power. Fi-
of infected individuals are unaware of nally, researchers such as Blake and Mou-
their HIV positive status and its implica- ton (1964) used the situational approach
tions for their families and communities. to classify leadership behavior that facili-
Generally, transformational leadership is tates the nature of managerial work and to
viewed as value-added performance be- compare the behaviors of effective and
yond basic expectations in what has been ineffective leaders.
called the augmentation effect (Waldman, Leadership researchers seem to have
Bass, & Yammarino, 1990). Burns (1978) defined leadership according to their indi-
described leadership as a process of inter- vidual viewpoints and the aspect of lead-
relationships in which leaders influence ership of most interest to them. Harder
followers and are influenced in turn to (2001) reported, “Various researchers
modify their behavior as they meet re- have defined leadership in many different
sponsiveness or resistance. According to ways” (p.16). Stogdill (1948, p. 259) also
Bass (2002), the leader transforms and observed that there might be as many
motivates followers by (1) making them definitions of leadership as there are re-
more aware of the importance of task out- searchers. For example, Stogdill (p. 35)
comes, (2) including them to transcend defined leadership as “the process of in-
their own self-interest for the sake of the fluencing group activities toward goal
organization or team, and (3) activating setting and goal achievement.” Durbin
their higher-order needs. (1951, p. 5) stated, “Leadership is the ex-
ercise of authority and the making of deci-
Literature Review sion.” Terry (1954, p. 228) viewed lead-
ership as “the activity of influencing peo-
Leadership is one of the most ob- ple to strive willingly for group objec-
served and least understood social phe- tives.” Davis’ (1972, p. 124) definition
nomena. Over the last 80 years, researcher stated, “It’s the ability to persuade others
methodological preferences and concep- to seek defined objectives enthusiasti-
tions of the study of leadership have in- cally.” Haimann and Scott (1974, p. 349)
cluded a variety of classical approaches. defined leadership as a “process by which
Those approaches include the trait ap- people are directed, guided, and influ-
proach, behavior approach, power- enced in choosing and achieving goals”
influence approach, and the situational Roach and Behling (1984, p. 46) believed
approach. that the process of influencing the activi-
Stogdill (1948) and Mann (1959) ties of an organized group toward goal
suggested that the trait approach empha- achievement is leadership. Stoner, Free-
sizes the personal attributes of leaders and man, and Gilbert (1995, p. 470) defined it
made the assumption that some people are as “the process of directing and influenc-
naturally endowed leaders over others. ing the task-related activities of group
Yukl’s (1994) behavior approach empha- members.” More recently, Bass and
sizes what leaders and managers do on the Avolio (2000) have defined leadership in
job and the relationship of behavior to terms of the leader’s ability to influence
managerial effectiveness. The power- others; pointing out that the leader’s style
influence approach taken by some re- is either transactional or transformational.
searchers (French & Raven, 1960; Katz & This will be the definition used for leader-
Kahn, 1978; and Kotter, 1985) examines ship throughout this study. The underlying
leadership effectiveness in terms of the
Transformational Leadership Role in HIV/AIDS Awareness 75
theory for this type of definition of leader- ner (2004) reported that building the ca-
ship comes from Weber and Burns. pacity for effective care and treatment
programs in resource-poor settings poses a
Transformational Leadership Theory number of interrelated challenges. Gov-
ernments need to set a national protocol
The theoretical perspective of Burns’ and organize and train extensive networks
(1978) opinion that leadership is charac- of doctors and nurses at the local and na-
terized as either transactional or transfor- tional levels. They need to procure high
mational is based on the work of two quality drugs at affordable prices, ensure
scholars: Weber and Downton. Weber’s that they can be stored and distributed
(1947, 1968) concept of charismatic lead- securely and efficiently, and outfit labora-
ership of the bureaucracy, which is rooted tories with equipment and supplies needed
in a sociological perspective, introduced for diagnostic testing. They need to train
the charismatic authority (charisma, from health care workers who can educate pa-
the early Christian concept of “the gift of tients about their treatment regimens and
grace”), where the leader was obeyed by monitor their compliance. They need to
virtue of the follower’s personal trust and recruit personnel who can properly admin-
belief in the leader’s powers or revela- ister the programs. Above all, establish-
tions. Weber postulated three pure types ing effective long-term programs requires
of legitimate authority i.e., socially ac- strong and sustained political will and
ceptable authority: (a) rational-legal au- management systems that can oversee
thority, which rested on legality, or the program implementation.
“right of those elevated to authority…to The Clinton HIV/AIDS Initiative
issue commands”; (b) traditional author- supporters worked with governments to
ity, which rested on a belief “in the sanc- develop and implement operational busi-
tity of immemorial traditions and the le- ness plans for large-scale comprehensive
gitimacy of the status of those exercising prevention and care treatment programs.
authority under them”; and (c) charismatic The Clinton foundation also works with a
authority, which was based on “devotion number of international organizations
to the specific and exceptional sanctity, such as the World Bank and the Global
heroism, or exemplary character of an Fund to Fight AIDS as well as many do-
individual person” (Wren, 1994, p.195). nor nations including Canada, the United
The point of Weber’s transformational Kingdom and France. The foundation
piece is presented in the sense of an af- utilized the services of over 100 people,
filiation and intense feeling of admiration most of whom have volunteered their time
and respect from the followers, who find or had their time volunteered for them by
the leader’s vision to be quite appealing. their companies and organizations. The
The concept of transformational leader- volunteers include medical experts and
ship was derived from Downton’s politi- business and management experts who
cal science writings. can manage the leadership problems in
Based on these writings, Burns developing countries in order to imple-
(1978) advanced the thought and created ment the initiative. To complement the
his theory of transformational leaders. leadership and health care volunteers,
Burns (1978) described transformational partnerships have been made with a num-
leaders as those who obtain support by ber of leading institutions in HIV/AIDS
inspiring followers to identify with a vi- care and treatment, which provide clinical
sion that reaches beyond their own imme- expertise as care partners (Magaziner,
diate self-interests. For example, Magazi- 2004).
76 Journal of Scientific and Scholarly Perspectives Number 2
Bass (1985a, 1985b) presented a new 1985). Managers and leaders who possess
approach to leadership transitions focused the attributes of honesty, competence,
on shared values and follower develop- vision, and inspiration have credibility
ment called values leadership, visionary (Kouzes & Posner, 1995). Charismatic
leadership, or transformational leadership. leadership behaviors and attributes as
His transformational leadership occurs rated by the leader, his or her subordi-
when one or more persons engage with nates, or independent observers are asso-
others in such a way that leaders and fol- ciated with effective follower perform-
lowers raise one another to higher levels ance and positive follower attitudes (Bar-
of inspiration and morality. The leader is ling, Weber, & Kelloway, 1996; Bass &
compelling and his or her charismatic Avolio, 2000; Hater & Bass, 1988; How-
personal qualities inspire others to support ell & Frost, 1989; Lowe, Kroeck, &
the leader’s vision. Bass and Avolio Sivasubramanian, 1996; Podsakoff,
(2000) suggested that transformational Mackenzie, Moormon, & Fetter, 1990;
leadership identifies the importance of Yammarino et al., 1998). Other research-
visioning, promoting shared values, shap- ers have associated transformational lead-
ing culture, role modeling, teaching, trust- ership with the follower’s willingness to
ing, and empowering. Bass suggested that expend extra effort (Bass, 1985a; Bass,
practicing transformational leadership Waldman, Avolio, & Bebb, 1987; Lowe et
would inspire followers to exert extra ef- al., 1996; Seltzer & Bass, 1990; Singer,
fort, to become self-led leaders, and to 1985; Yammarino and Bass, 1990a,
enhance their commitment to the common 1990b) and with the follower’s satisfac-
purpose. tion (Avolio, Yammarino, & Bass, 1991;
Bass and Avolio (2000) described Bass, 1985a; Hater & Bass; Seltzer &
transformational leadership as augmenting Bass; Singer; Yammarino & Bass, 1990a,
leadership in terms of its impact on per- 1990b; Yammarino & Dubinsky, 1994).
formance. Transformational leadership One way to organize these findings is to
differs in terms of goals, skills, values, focus around the organizational settings in
and competences. Leadership focuses on which they were done. One of the key
the development of the individual member areas presented in the literature review is
and the importance of a transcendental related to health care organizations.
purpose, the singleness of purpose, the The concept of transformational lead-
dominance of an idea that inspires one to ership in organizations encourages an
add enthusiastically his or her contribution increased effort in treating HIV/AIDS
to the whole. The appeals of the transfor- patients which is more complicated than
mational leadership are interspersed with simply dispensing pills. AIDS requires
the balance of establishing expectations trained doctors, nurses, laboratory techni-
and satisfying agreed-upon contracts. cians, and community health workers.
AIDS care also demands adequate sys-
Findings Using the Transformational tems for patient information, drug distri-
Leadership Theory bution, laboratory testing, and community
outreach and counseling. In the clinical
In transformational leadership, find- social work area, health care organizations
ings support the concept that participative have emphasized leadership characteris-
leadership, when balanced, can serve the tics and behavior as critical areas for so-
needs of the follower (Kanter, 1979). In- cial workers (Ezell, Menefee, & Patti,
tegrity and credibility earn the respect and 1989; Gummer, 1997; Hansenfeld &
trust of followers (Bennis & Nanus, Schmid, 1988; Jansson and Simmons,
Transformational Leadership Role in HIV/AIDS Awareness 77
1986; Malka, 1989; Wernet & Austin, leader satisfaction reflected social work-
1991). Other researchers have expanded ers’ general satisfaction with the leader.
social worker training with transforma- Bass and Avolio (2002) reported that
tional leadership practice in the clinical many theories or concepts may have an
schools of social work (Bargal & Schmid, impact on nursing and health care and
1989; Brilliant, 1986; Malka, 1989; Patti, other organizations. These theories can
1987). enable leaders in these areas to become
Relevant literature informative to so- real transformational leaders that manage
cial work examines transformational lead- people and processes effectively.
ership in teams and organizations (Bass,
1985a, 1985b; Bass & Avolio, 1994; Ben- Summary
nis & Nanus, 1985; Gummer, 1997). New
strands of research in the health care or- This literature review has attempted
ganizational field have focused on trans- to present information about articles,
formational leadership (Bass, 1985a, books, and journals that support Burns’s
1985b) and related concepts of charis- (1978) and Bass’s (1985) proposed trans-
matic (Conger & Kanungo, 1988) and formational leadership theories. Theoreti-
inspirational leadership (Bennis & Nanus, cally, effective leadership uses a variety of
1985) as well. strategies that are appropriate for situa-
Gellis (2001) provided key research tions (Kotter, 1985: Yukl, 1989). Burns
in the social work field of clinical health (1978) described leadership as a process
care organizations defining two types of of inter-relationships in which leaders
leadership processes- transactional and influence followers and are influenced to
transformational leadership-within social modify their behavior as they meet re-
work practice. His model tested a sample sponsiveness or resistance. Today’s trans-
of 187 clinical social workers employed in formational leaders who exercise power in
26 hospitals. The results indicated that an arrogant, manipulative and domineer-
only one transactional factor and five ing manner are likely to endanger resis-
transformational factors were significantly tance to the social sensitivity and empathy
correlated with the leader outcomes of required for understanding the need for
effectiveness, satisfaction, and extra ef- HIV/AIDS awareness.
fort. Such encouragement of innovation is For example; five years after leaving
thought to be associated with higher levels office, Bill Clinton has shown AIDS ac-
of job satisfaction. Gellis reported that the tivists the leadership they wanted to see
main findings of the study were the four during his presidency. They say he is us-
transformational items used to measure ing his celebrity clout and fund-raising
satisfaction of organizational outcomes prowess to fight AIDS around the globe as
effectiveness: (a) meeting the job-related never before. He has negotiated deals with
needs of social workers, (b) representing several major pharmaceutical companies
social work needs to higher level manag- to supply AIDS drugs at discounted prices
ers, (c) contributing to organizational ef- to the Third World. He has sent policy
fectiveness, and (d) performance by the experts to help countries deal with the
leader’s work group. Gellis’ research outbreak. And he has steered hundreds of
showed that the extra effort scaled re- millions in private donations and contribu-
flected the extent to which social workers tions from governments to AIDS-stricken
worked beyond what was expected as a parts of the world — especially Africa,
result of the leadership. Gellis found two where the disease is rampant — for treat-
transformational items used to measure ment and public education.
78 Journal of Scientific and Scholarly Perspectives Number 2
References
Abstract
Acquired Immune Deficiency Syndrome (AIDS) caused by the Human Immunodefi-
ciency Virus (HIV) was first reported in the United States in 1981. Since that time, how-
ever, AIDS has quickly grown to become a major pandemic not just in the United States
but globally as well. This epidemic has brought with it a multitude of legal issues and
dilemmas for individuals with HIV/AIDS. For example, individuals with HIV/AIDS have
been discriminated against, fired from their jobs, denied access to health care and life
saving medications, excluded from schools, isolated socially and have had their privacy
invaded. Fortunately, however, individuals with HIV/AIDS, like other individuals with a
disability, are not without recourse. The United States has several laws in place to protect
the rights of such individuals. Examples of these laws include Americans with Disabili-
ties Act (ADA), Occupational Safety and Health Act (OSHA), Health Insurance Portabil-
ity and Accountability Act of 1996 (HIPAA), Family Medical Leave Act (FMLA), Con-
solidated Omnibus Budget Reconciliation Act (COBRA), Fair Housing Amendments Act
(FHAA), and Architectural Barriers Act (ABA). It is important to educate the individuals
with HIV/AIDS about their legal rights under these laws. Additionally, it is important to
educate individuals with HIV/AIDS about certain necessary legal documents such as the
Last Will and Testament, Living Will, Guardianship and Custody, Powers of Attorney,
Advanced Medical Directive, and Do Not Resuscitate Order that should be in place so
that the rights and wishes of the individuals with HIV/AIDS are legally protected.
the saga of individuals inflicted with cate the individuals with HIV/AIDS about
HIV/AIDS worldwide from the time the their legal rights under these laws. Addi-
disease was first discovered. The fear of tionally, it is important to educate the in-
contracting the disease by social contact dividuals with HIV/AIDS about the nec-
drove employers, business owners, essary legal documents such as Powers of
neighbors, friends, and even family mem- Attorney, Last Will and Testament, Living
bers to condemn the individual with Will, Advanced Medical Directive, and
HIV/AIDS to isolation and discrimination. Do Not Resuscitate Orders that must also
Numerous legal issues and dilemmas be in place so that their rights and wishes
thus accompany this epidemic for indi- are legally enforceable.
viduals with HIV/AIDS both in the em- Discrimination against individuals
ployment arena and socially as well. For with HIV/AIDS occurs whether or not
example, individuals with HIV/AIDS their symptoms are outwardly manifested.
have been discriminated against, fired Employment-related discrimination preva-
from their jobs, denied access to health lent in the workplace is evident in all
care and life saving medications, excluded types of work settings such as offices,
from schools, isolated socially and had factories, stores, and other job sites. Spe-
their privacy invaded. Fortunately, how- cific examples of workplace discrimina-
ever, the approximately 1.5 million indi- tory practices include qualified appli-
viduals with HIV/AIDS living in the cants/employees being unable to secure
United States are not without recourse (2). job interviews or receive job offers and/or
This is because in 1998 the U.S. Supreme receive eligible promotions, raises, or
Court for the first time recognized (to be certain employment-related benefits.
discussed in more detail later) that for all However, administrators in the workplace
practical purposes, any asymptomatic must make every effort to respect the
individual with HIV is an individual with rights of individuals with HIV/AIDS for
a disability (3). Thus, individuals with reasons discussed below.
HIV/AIDS could seek legal recourse un-
der the laws designed to protect the dis- Workplace Discrimination
abled.
The United States has several laws in In the 21st century, more HIV positive
place to aid individuals with disabilities individuals are becoming part of the work
such as individuals with HIV/AIDS to force. This is because 80% of the 1.5 mil-
combat environmental discriminatory lion reported cases of HIV/AIDS in the
practices. Examples of these laws include U.S. are within the working age group of
Americans with Disabilities Act (ADA), 25-54 (3). Also, as more effective drug
Rehabilitation Act (RA), Occupational therapies are being discovered, HIV posi-
Safety and Health Act (OSHA), Health tive individuals are not only living longer
Insurance Portability and Accountability but are also experiencing a better quality
Act of 1996 (HIPAA), Family Medical of life. As a result, more HIV positive
Leave Act (FMLA), Consolidated Omni- workers are returning to the workforce
bus Budget Reconciliation Act (COBRA) and desiring to stay productive for longer
Fair Housing Amendments Act (FHAA), periods of time. However, these individu-
and Architectural Barriers Act (ABA) that als with HIV/AIDS may have reduced
may be used to aid individuals with work capacities or other associated dis-
HIV/AIDS in seeking legal recourse abilities and find themselves becoming
against workplace-related and societal subjects of employment related discrimi-
injustice. However, it is important to edu- natory practices in areas such as hiring,
Legal Issues Impacting Individuals with HIV/AIDS 85
firing, job interviews, medical examina- als who have a known relationship or as-
tions, job assignments, training and pro- sociation with an individual with a dis-
motion, wage benefits such as health in- ability (7). That is, under Title I of ADA,
surance, and leave assignments. As re- employers, employment agencies, labor
course against such discriminatory em- organizations and labor-management
ployment practices for individuals with committees are prohibited from discrimi-
HIV/AIDS and other disabilities, the fed- nating against a qualified individual with
eral government enacted several laws such a disability on the basis of the disability in
as the Americans with Disabilities Act of hiring, firing, training, promoting, com-
1990 (ADA), Rehabilitation Act of 1973 pensating, and providing other employee
(RA), Occupational Safety and Health Act privileges (8).
of 1970 (OSHA), Health Insurance Port- ADA defines a qualified individual
ability and Accountability Act of 1996 with a disability as an individual who has
(HIPAA), Family Medical Leave Act of a record of, or is considered as having a
1993 (FMLA) and Consolidated Omnibus physical or mental impairment that sub-
Budget Reconciliation Act of 1986 stantially limits the individual’s ability to
(COBRA) perform one or more major life activities
In the paragraphs that follow each of and who can perform the essential job
the above stated laws, together with ex- functions as defined by the employer with
amples of prohibited employer acts and or without reasonable accommodation on
permitted employer acts where applicable, the part of the employer (9, 10). Examples
is discussed in some detail. of areas where an employer can make
reasonable accommodation to enable the
Americans with Disabilities Act (ADA) qualified individual with a disability to
function within the work environment
Americans with Disabilities Act of include making facilities accessible and
1990 (ADA) codified as 42 U.S.C. Sec- usable, restructuring the job, modifying
tions 12101-12213 (Title I –IV), prohibits the work schedule, reassigning the em-
certain private employers, state and local ployee to a vacant position for which the
governments, employment agencies and employee is qualified, adjust-
labor unions from discriminating against ing/modifying/acquiring equipment, de-
disabled individuals in vices, training materials, examinations,
and providing interpreters (9, 10). Specific
employment (Title I ) examples of prohibited employer acts and
state and local government services permitted employer acts under Title I are
(Title II) presented in Table 1 below (11).
transportation (Title II) It is important to note, however, that
public accommodations (Title III) an employer is required to provide rea-
telecommunications (Title IV) [4][5]. sonable accommodation only if the dis-
ability of the qualified applicant or em-
Title I of ADA specifically addresses ployee is known to the employer. The
employment-related issues and applies to employer may become informed either
employers with more than 25 employees through the employee’s/applicant’s asking
as of July 26, 1992, and is also applicable for accommodation to be made or if the
to employers with more than 15 employ- employee’s/applicant’s disability is such
ees as of July 26, 1994 (6). Where appli- that it impairs the employee’s ability to
cable, Title I of ADA protects employees, ask the employer for an accommodation
applicants for employment, and individu- but the accommodation is obvious to the
86 Journal of Scholarly and Scientific Perspectives Number 2
Table 1
employer; and the accommodation does membership clubs that are tax exempt
not impose an undue hardship on the under Section 501 (c) of Title 26 of the
employer’s business (12,13). Internal Revenue Code are excluded from
For further clarity, ADA defines “un- being bound by Title I provisions even if
due hardship” to be an action that would these employers have 15 or more employ-
require a significant amount of expendi- ees (16). Examples of a private member-
ture or difficulty in implementation (12, ship club include a religious foundation,
13). However, the ADA does not clearly charitable trust, scientific organization, or
state what is regarded as a significant public safety organization (16). Addition-
amount by the federal government. In- ally, employers such as the United States
stead the ADA states that the determina- (U.S.) Government or any corporations
tion of whether an expenditure may be that are wholly owned by the U.S. Gov-
regarded as a significant amount for a ernment are also excluded from being
particular employer will depend upon the bound by Title I provisions even if these
nature and cost of the accommodation employers have 15 or more employees
needed vs. size of the employer’s organi- (16). This is because government entities
zation, resources available to the em- are bound under another federal law, the
ployer, nature of the employer’s busi- Rehabilitation Act as follows.
ness; and the structure of the employer’s
operations (12,13). Rehabilitation Act (RA)
An employer, however, is not re-
quired to make accommodations to exist- To address discrimination issues aris-
ing facilities unless the employer has an ing among government employees, the
applicant or employee with a disability, federal government promulgated the Re-
and even then the employer is only re- habilitation Act (RA), which is the feder-
quired to make those accommodations ally applicable counterpart to the ADA
that would be necessary for the particular and is codified as 29 U.S.C. Sections
individual to perform the job. In the event 791,et. seq. The RA follows the same
of non-compliance by the employer, an standards as the ADA and prohibits all
employee/applicant must file a Title I federal agency programs, all programs
complaint against the employer either receiving federal dollars and all federal
with the Equal Employment Opportunity employers including federal contractors
Commission (EEOC) within 180 days of from discriminating against individuals
the date of alleged discrimination or with with a disability in employment situations
a designated state or local fair employ- (17).
ment practice agency within 300 days of In addition to drafting laws and regu-
the date of alleged discrimination if the lations on the global issue of disability,
alleged discrimination is also covered by a the federal government also enacted sev-
state or local discrimination law (14, 15). eral laws to address certain specific areas
Further, an individual may file a lawsuit of potential abuse by employers. An ex-
in Federal Court against an employer for ample is a law that addresses unsafe em-
alleged discriminatory practices but only ployee working environments such as the
after the individual has gone through the Occupational Safety and Health Standards
procedural process with the EEOC and is Act of 1970.
given a “right-to-sue-letter” by the EEOC
(14,15).
It is important to note, however, that
certain organizations such as private
88 Journal of Scholarly and Scientific Perspectives Number 2
The Occupational Safety and Health the Health Insurance Portability and Ac-
Standards Act of 1970 (OSHA) countability Act of 1996.
The Occupational Safety and Health Health Insurance Portability and Ac-
Standards Act of 1970 (OSHA), codified countability Act of 1996 (HIPAA)
as 29 U.S.C. section 652 et. seq., was de-
signed to protect workers from workplace Another federal statute in the em-
exposure to HIV and hepatitis by provid- ployment arena that has potential applica-
ing blood borne pathogens standards. To bility for individuals with HIV/AIDS is
remain compliant under this act, employ- the Health Insurance Portability and Ac-
ers must provide a workplace that is free countability Act of 1996 (HIPAA).
from serious recognized hazards and con- HIPAA addresses barriers for vulnerable
form to applicable OSHA standards. The populations such as the HIV/AIDS indi-
OSHA standards require an employer to vidual population relating to healthcare
make sure employees have and use safe coverage and job mobility. The main em-
tools and that work equipment is properly ployment related goals under HIPAA are
maintained. OSHA also mandates that to provide protection against discrimina-
employers establish and update safety and tion to individuals with group coverage,
health policies, communicate the estab- enable small group employers to acquire
lished and updated policies to the employ- and maintain health insurance more easily
ees and refrain from discriminating and provide individuals who transfer/drop
against employees who exercise their out of group coverage with new options to
rights under OSHA (18). get individual coverage. Specific exam-
As an example of compliance with ples for employers regarding achievement
OSHA, an employer may need to formu- of the above stated HIPAA goals include
late and implement an exposure control
plan such as providing employees with limiting how the employer can use
protective clothing and puncture-proof pre-existing condition exclusions
receptacles for tainted needles and other not permitting a group health plan to
medical wastes, implementing a Hepatitis deny coverage to an employee or
B vaccination program for employees, charge the employee additional fees
providing employees with information because the employee is or has a fam-
and training regarding workplace hazards, ily member with past or present poor
and documenting and keeping records of health
any exposure to incidents (18). Thus, un- guaranteeing individuals who have
der OSHA standards, individuals with lost their insurance through their em-
HIV/AIDS who have a compromised im- ployer the right to purchase individ-
mune system may thus have a better ual health insurance
chance of maintaining gainful employ- guaranteeing employers or individu-
ment by not having to be exposed to haz- als who purchase health insurance in
ardous chemicals and substances that may most cases, the ability to renew the
impair their health further. health insurance policy regardless of
Another area of concern for the fed- the health status of the employees or
eral government was inaccessi- individuals that are covered under the
ble/unaffordable employee health insur- insurance policy (18).
ance coverage and unrestricted disclosure
of patient information. To address this In addition to employers, health care
issue, the federal government formulated entities providing care to patients such as
Legal Issues Impacting Individuals with HIV/AIDS 89
individuals with HIV/AIDS are also sub- an immediate family member who has a
ject to HIPAA regulations and are re- serious health condition—such as
quired to maintain patient confidentiality HIV/AIDS (21, 22). The FMLA leave is
by notifying patients regarding their pri- generally unpaid; however, during the
vacy rights and how their medical infor- FMLA leave the employee’s job is pro-
mation may be used. HIPAA also requires tected. When employees returns to work,
the health care entities to obtain patient the employee must be reassigned to the
authorization prior to disclosure of patient same or equivalent position with the same
information, secure patient records that or equivalent pay, benefits, and working
contain patient identifiable health infor- conditions. Also, the employee can con-
mation so as to limit accessibility to the tinue his/her group health insurance while
public not in need of records, and adopt on leave. However, FMLA will only be-
and implement privacy procedures for the come applicable if individuals with HIV
health care institution, or plan (19,20). As or AIDS are willing to disclose their
a result, under HIPAA individuals with medical information to the employer, as
HIV/AIDS are more informed and have employers are not required to provide
more control over their health information unpaid medical leave under FMLA if they
and how their information may be/has are not informed that a disability or seri-
been used and disclosed by the health care ous health condition such as HIV/AIDS
entity (19, 20). It also provides the indi- exists (21,22).
viduals with HIV/AIDS with the right to Another issue that is a major area of
examine and obtain a copy of the patient’s concern for an employee at the end of
health records and request corrections to his/her term of employment is the possi-
the records (19, 20). bility of denial of insurance coverage fol-
In addition to addressing confidential- lowing employment termination due to
ity of patient records and information and employee’s medical condition. The fed-
ensuring availability of renewable health eral government enacted the Consolidated
insurance coverage during employment Omnibus Budget Reconciliation Act of
regardless of medical condition, the fed- 1986 to address this very issue as dis-
eral government also addressed an em- cussed below.
ployee’s inability to request extended
medical leave to care for self or family Consolidated Omnibus Budget Recon-
member through enactment of the Family ciliation Act of 1986 (COBRA)
Medical Leave Assistance Act of 1993.
Individuals with HIV/AIDS along
Family Medical Leave Assistance Act of with individuals with other debilitating
1993 (FMLA) long term medical conditions were often
faced with gaps in insurance protection
Another statute of significance for the following termination of employment.
HIV/AIDS individual is the Family Medi- These lapses in insurance protection were
cal Leave Assistance Act of 1993 (FMLA due to denial of coverage by insurance
Public Law 103-3). FMLA applies to all carriers secondary to the individual’s
private employers who have at least 50 medical condition. The Consolidated
employees within a radius of 75 miles Omnibus Budget Reconciliation Act of
from the work place. Under FMLA, eligi- 1986 (COBRA) was thus enacted to ad-
ble employees can take leave up to 12 dress this very issue. Under COBRA em-
weeks/12-month period to attend to a se- ployees are permitted to continue their
rious health condition or to provide care to health insurance for a certain period of
90 Journal of Scholarly and Scientific Perspectives Number 2
creates mental stress for such individuals issue of whether treating Ms. Abbott in
who see themselves being treated as lep- Dr. Bragdon’s clinic would pose any sig-
ers or outcasts in their own communities. nificant health and safety risk to Dr.
A classic example of this is evident in Bragdon. Therefore, the U.S. Supreme
the case of Abbott v. Bragdon, a lawsuit Court remanded the case back to the cir-
filed by Sidney Abbott against her dentist, cuit court, which in turn affirmed that
Dr. Random Bragdon. Sidney Abbott with the availability and use of universal
needed a tooth filled by her dentist, Dr. precautions now, HIV/AIDS individuals
Random Bragdon of Bangor, Maine. Dr. do not pose a direct threat to the health
Bragdon, however, refused to perform the and safety of others (27). Thus, such in-
tooth filling as an office procedure when dividuals are protected under the ADA,
he discovered that Ms. Abbott was HIV which is the landmark federal law for pro-
positive (25). Instead Dr. Bragdon sug- hibition against discrimination in jobs,
gested doing the procedure in a hospital housing, medical care, and other busi-
setting, which meant incremental costs for nesses that serve the public.
Ms. Abbott (25). Ms. Abbott filed suit of The federal law ADA mandates that
discrimination and alleged that since she all individuals, including individuals with
was a disabled individual, Dr. Bragdon by a disability, must be given an equal oppor-
refusing to treat her in his office, was in tunity to enjoy public goods, services and
violation of the ADA (25). Ms. Abbott facilities. Thus, under Title III of ADA,
based her claim to being disabled on the service providers are prohibited from re-
language in the ADA which states that fusing service to individuals with disabil-
individuals with "a physical or mental ity such as HIV/AIDS in facilities open to
impairment that substantially limited one the public. Examples of facilities open to
or more of the major life activities" of the public are restaurants, retail stores,
individuals "regarded as having such an health clubs, gymnasiums, private
impairment" are to be considered as being schools, day care centers, physician of-
disabled (25). Ms. Abbott reasoned that fices, health care facilities, movie theaters,
because of her HIV positive status she is convention centers, homeless shelters,
unable to have children and hence unable adoption agencies, and social service fa-
to enjoy one of life's major activities and cilities (28). Additionally, ADA requires
is therefore “disabled” (25). that public accommodations be made ac-
The U.S. Court of Appeals held that cessible to individuals with a disability if
Ms. Abbott is disabled because her HIV the accommodation can be made with
status prevented her from having children ease and is not too costly (28). However,
(26). Further, the court held that Ms. Ab- the federal government, in an effort to
bott’s request for treatment in Dr. Brag- ensure that fair housing requirements were
don’s office was appropriate as the treat- being enforced and civil rights protections
ment did not pose any “direct threat” to were made available to families with chil-
Dr. Bragdon (26). Dr. Bragdon appealed dren and persons with disabilities, also
to the U.S. Supreme Court. The U.S. Su- enacted the Fair Housing Amendments
preme Court in 1998 also held that HIV- Act as follows.
infected individuals are protected by the
federal ban on discrimination against the Fair Housing Amendments Act of 1988
disabled, even if they suffer no symptoms (FHAA)
of AIDS (3,27). However, the U.S. Su-
preme Court added that the First Circuit The FHAA is codified as 42 U.S.C.
Court of Appeals had not investigated the Sections 3601, et. seq., and prohibits
92 Journal of Scholarly and Scientific Perspectives Number 2
owners of private housing, owners of filed with the Office of Fair Housing and
housing receiving federal funds, and state Urban Development within one year or to
and local government housing from dis- initiate a federal lawsuit with two years
criminating against individuals with a (32).
disability such as HIV/AIDS with respect If however, the federal government is
to housing issues such as selling, renting, involved in either funding or occupying a
buying, financing, zoning practices, and facility open to the public then the appli-
designing new property (29). FHAA made cable statute with respect to public ac-
it unlawful to discriminate in selling or commodations is the Architectural Barri-
renting homes, defining terms, conditions, ers Act.
or services or providing facilities to indi-
viduals based on the individual’s disabil- Architectural Barriers Act of 1968
ity or family status (30). FHAA instituted (ABA)
seven design standards for all newly con-
structed multi-family housing of four or The Architectural Barriers Act of
more units that were ready for first occu- 1968 (ABA) codified as 42 U.S.C. Sec-
pancy on or after March 13, 1991 (31). tions 4151 et. seq. prohibits owners of
Thus, like the ADA, the FHAA requires structures that are either designed, con-
owners to make reasonable accommoda- structed, or altered with federal funding or
tions to their property so as to make the leased by a federal agency to make their
property accessible to individuals with a structures physically accessible as per
disability. Examples of accommodations federal standards (33). An example of a
that may be needed by individuals with type of facility subject to the ABA regula-
HIV/AIDS include easy-opening doors, tions is the U.S. postal service facilities. If
wider doors to provide scooter/wheelchair the U.S. postal facility has only steps to
access, larger rooms to provide wheel- access its building then the building
chair turning space, ramps at entrances of would not be accessible to a wheelchair
housing complexes, grab bars in bath- bound individual. As a result, the particu-
rooms, elevators in public multi-story lar U.S. postal facility in question would
housing complexes and marked parking be out of compliance with the ABA.
spaces in the parking lot. Also, property Complaints for ABA violations against
owners cannot refuse to rent property to the U.S. postal facility could then be filed
HIV positive individuals because with the U.S. Architectural and Transpor-
HIV/AIDS generally does not pose a di- tation Barriers Compliance Board
rect threat to anyone in a public accom- (“Board”). The Board is charged with
modation. conducting an investigation into the com-
Another protection available under plaint and if the complaint is valid, the
the FHAA is the right of an individual Board has the authority to mandate com-
with a disability to request permission to pliance, impose penalty, and pursue legal
make reasonable modifications to the fa- action to gain compliance (33, 34).
cility at his/her expense if such modifica- Serious illness and death are out-
tion is necessary to permit full use and comes that are often forgotten when one is
enjoyment of the premises by the individ- trying to cope with the day-to-day battles
ual with the disability (31), provided the of being an individual with HIV/AIDS.
individual with the disability also agrees However, since these may be the inevita-
to return the facility to its original state ble realities of life, individuals with
upon leaving the facility (31). Complaints HIV/AIDS must be proactive in planning
of violations of FHAA are required to be for the future. This plan includes making
Legal Issues Impacting Individuals with HIV/AIDS 93
certain legal arrangements as discussed only so long as the individual is not inca-
below so that the future needs of the indi- pacitated unless the grant is written as a
vidual with HIV/AIDS and loved ones are durable power of attorney (DPOA), which
taken care of. in some jurisdictions may be used as a
living will. However, the DPOA will be-
Legal Documents come ineffective at death, revocation, or
court order (35).
In addition to the federal govern- Moreover, the grant may be written
ment’s enforcing laws to protect the legal as a springing power of attorney wherein
rights of individuals in the workplace and the POA only becomes effective when the
public areas, individuals should also take HIV/AIDS individuals become incapaci-
steps to protect their own legal rights. The tated. This enables the HIV/AIDS indi-
first step in protecting ones legal rights is vidual to have control of all decision mak-
to ensure that legal documents such as the ing up to the point of incapacitation. Re-
ones listed below are completed in a gardless of whether the POA is general,
timely manner: durable or springing, the HIV/AIDS indi-
vidual has the authority to revoke the
A. Powers of Attorney grant at any time unless the POA was le-
B. Last Will and Testament gally made irrevocable by its own terms
C. Living Will/ Advanced Medical Di- or by some legal principle (36).
rective
D. Do Not Resuscitate Order. Last Will and Testament
(27). To be complete however, this docu- original will) or by drafting a new will.
ment should include detailed information Once completed, the Last Will and Tes-
such as the following: tament should be stored in a safe but ac-
cessible place. As stated earlier, the Last
Name and address Will and Testament provides an individual
Listing of all assets—briefly describe the opportunity to state beneficiaries of
each asset his/her assets after their death and state
Listing of beneficiaries—include rela- guardianship preferences for minor chil-
tionship dren. It is not designed to provide the in-
Listing of alternate beneficiaries dividual an opportunity to state his/her
Listing of any gifts to be given with desires regarding medical decision mak-
names of recipients ing prior to death. To do this, the individ-
Establishment of a Trust if desired ual must have executed a living will dis-
[may decrease taxes] cussed below.
Acknowledgment to cancel all debts
owed to individual if desired Living Will
Named Executor to manage the indi-
vidual’s estate The Living Will is also referred to as
Guardian’s name for minor chil- a medical directive or advanced health
dren—individual vs. couple care directive. It is similar to a healthcare
Alternate guardian’s name proxy. The Living Will is a written docu-
Signed ment in which the individual with
Witnessed—# varies/state but cannot HIV/AIDS may state his/her wishes re-
be beneficiary. (37) garding desired life sustaining measures
or other medical treatments and health
The Executor named in the will must care related decisions, and appoint some-
be selected with great care as he/she is the one to carry out stated wishes in the event
most essential component to successful the HIV/AIDS individual is unable to
implementation of the deceased’s wishes. make those decisions. The Living Will
The Executor of the will bears several must be executed in the presence of a wit-
responsibilities such as paying creditors, ness and must be stored in a safe but ac-
paying taxes (federal and state income cessible place.
taxes, and federal estate tax for estates Once executed, the Living Will be-
over $ 600,000), distributing assets ac- comes effective only when the individ-
cording to the will, informing Social Se- ual’s physician determines that the
curity office and other agencies regarding HIV/AIDS individual is unable to make
the individual’s death, canceling the de- the above stated decisions (38,39). How-
ceased’s credit cards, and carrying out the ever, in the event an individual with
deceased’s funeral and burial wishes (37). HIV/AIDS is admitted to a medical facil-
Once drafted, the Last Will and Tes- ity without a Living Will, the medical
tament should be updated any time there facility may request a Do Not Resuscitate
is a significant change in conditions, for Order to be placed in such individual’s
example acquisition of new assets, birth or medical record for reasons stated below.
adoption of new child, marriage, divorce,
and death. The update may be accom- Do Not Resuscitate (“DNR”) Order
plished in one of two ways, that is, either
by writing a codicil (supplement written In the event of hospitalization of the
following the same formalities as the terminally ill HIV/AIDS individual, the
Legal Issues Impacting Individuals with HIV/AIDS 95
http://en.wikipedia.org/wiki/Do_not_r
esuscitate; viewed on 08-25-05
Research Note
Abstract
Poverty is a very serious problem in Nigeria today. It is a cancer that has eaten deep into
the framework of society and has become increasingly disturbing to successive
administrations. In fact, various policies and programs aimed at reducing this scourge
have been formulated and implemented by government and many non–governmental
organizations over time. Unfortunately, most of them have met with repeated failure.
This study examines the impact of one of such government-sponsored initiatives –The
National Poverty Eradication Program (NAPEP)– in ameliorating the plight of the urban
poor in Surulere Local Government Area of Metropolitan Lagos. The study reveals that
NAPEP, though lofty at conception, is not achieving its objectives because the program is
not being effectively implemented. It was discovered that the program is highly
politicized; hence politicians, rather than the poor, are the major beneficiaries.
Furthermore, program monitoring is virtually non-existent. The study also reveals that
while government efforts are laudable, non-governmental organizations and community-
based efforts are more effective in poverty alleviation, especially at the grassroots. The
paper concludes by suggesting pragmatic strategies for achieving effective poverty
control. These strategies fall within the framework of sustainable urban development and
include applying the norms of urban governance to poverty alleviation.
driven and highly competitive strategy for the Nigerian Agricultural Cooperative and
achieving national growth and Rural Development Bank;
development. Its guiding principle is c. The streamlining of the work and
poverty eradication, and the federal scope of the National Directorate for
government committed itself to upholding Employment to exclude credit delivery;
principles of transparency and d. The establishment of the Poverty
accountability. Alleviation Program.
Under YES, in August 2001 a register MAP, also under the YES program, is
was opened for the unemployed at the a two-year attachment for graduates, who
NAPEP secretariat. As of May 2002, are second to private entrepreneurs to
3,512 people, of whom 1,109 are acquire necessary skills for self-
graduates, had registered. Owners of employment. While 70% of those attached
cottage industries also registered as were bona fide graduates, most of them
prospective trainers for the Capacity were rejected by private sector operators
Acquisition Scheme. Their premises were because of ignorance of the existence of
inspected to determine capacity and the program and also because many of the
ability, and they underwent an beneficiaries had poor qualifications (third
entrepreneurial development and class and below). It was discovered that,
management-training workshop in August where accepted, most of the graduates had
2001 organized by NAPEP in conjunction a poor attitude toward work because they
with the Center for Management and were not paid as, and when, due.
Development, Industrial Training Fund, Allowances had not been paid since
the Nigerian Institute of Management September 2002. By the end of April
among others. 2003, a considerable number of the
Actual attachment of beneficiaries attachés had been dropped from the
began in November 2001 when 211 program for undisclosed reasons. Those
youths were posted to various cottage retained in the program have not fared any
industries to learn vocational skills under better.
the Capacity Acquisition Program. According to NAPEP RIDS targets
Furthermore, 96 graduates were sent to for Lagos State, 24 community boreholes
government offices, private businesses were to be constructed in Surulere. The
and local entrepreneurs under the local government NAPEP coordinator
Mandatory Attachment Program. None of identified possible sites based on need.
the trainers or attachés was chosen from While it was confirmed that as of October
the existing data bank. As a matter of fact, 2001 contracts for the construction of the
while distribution of application forms to 24 wells had been awarded by the Ogun-
both beneficiaries and trainers was done Oshun River Basin Authority, by May
through local political channels, final 2003 only 16 boreholes had been
selection was done centrally from the constructed, of which fewer than 10 serve
NAPEP national Secretariat in Abuja. the local communities fully. The
According to the NAPEP blueprint, boreholes whose construction was
CAP was meant to run for 6-9months. It awarded at N3.3million each were
ran for only 3 months between November constructed with substandard materials.
2001 and January 2002. Allowances were Two years after the commencement
not paid until the end of the program. On of the program, as in all the other local
completion of their programs, rather than governments in Lagos State, NAPEP in
giving out micro-credit of N50,000 per Surulere is yet to acquire a functional
beneficiary as stated in the blueprint, secretariat. Official duties are done from
beneficiaries received only a few units of the home of the coordinator. Take-off
Keke NAPEP (auto-rickshaw), and grants for the programs are yet to be
sewing machines were distributed to some released. Furthermore, the Local
of them on hire purchase basis. Government Monitoring Committee is yet
Interestingly, neither tailoring nor auto- to be inaugurated.
rickshaw operations and maintenance While NAPEP’s goals and targets are
were offered as courses under the CAP. laudable and highly achievable, the
108 Journal of Scholarly and Scientific Perspectives Number 2
platform which will allow them to use vii. Security of individuals and their
their talents to the full to improve their living environment.
social and economic conditions.
The Global Campaign on Urban These norms, which are independent
Governance was launched in 1999 by the and mutually enforcing, are responsive to
United Nations Human Settlement the issues of the urban poor. Furthermore,
Program (UN-Habitat) to support the elements of inclusiveness permeate them
implementation of the Habitat agenda goal all.
of “sustainable human settlement Practical Means of applying these
development in an urbanizing world.” The norms, especially with regard to the
campaign’s goal is to contribute to the implementation of NAPEP in Surulere,
eradication of poverty through improved are tabulated below:
urban governance. The campaign’s theme, Applying the norms of good
“The Inclusive City,” seeks to promote governance to the implementation of
growth with equity; hence, participatory NAPEP, especially at the local level, will
planning and decision-making are the help significantly in reducing urban
strategic means for realizing the vision. poverty. NAPEP can be revolutionalized
The Nigerian Campaign for Good Urban by the decentralization of responsibilities
Governance was launched by President and resources to the local coordinators
Obasanjo on April 10, 2001. and monitoring committees based on the
The global campaign proposes that principles of subsidiarity and
good urban governance is characterized accountability, and encouraging the
by the following norms: participation of civil society, especially
women, in the design, and implementation
i. Sustainability in all dimensions and monitoring of local priorities based on
of urban development the principle of civic engagement.
ii. Subsidiarity of authority and Furthermore, building the capacity of
resources to the closest all actors to contribute fully to decision
appropriate level making and urban development processes
iii. Equity of access to decision- based on the principles of equity and
making processes and the basic efficiency; facilitating networking at all
necessities of urban life levels by the principle of civic
iv. Efficiency in the delivery of engagement; and based on the principles
public services and in promoting of sustainability and security, taking full
local economic development advantage of modern information and
v. Transparency and accountability communication technologies to support
of decision-makers and all good urban governance and sustainable
stakeholders urban development will result in improved
vi. Civic engagement and welfare for the community and,
citizenship consequently, poverty will be alleviated.
110 Journal of Scholarly and Scientific Perspectives Number 2
Abstract
Low urban 52 6 2 2 2 - -
N=64
High urban 30 20 13 4 6 2 15
(N=90)
____________________________________________________________________
____________________________________________________________________
Low urban 51 5 5 2 1
N=64
High urban 10 13 17 16 34
(N=90)
____________________________________________________________________
Chi-square =78.6 Difference is significant at 1 per cent level
Degrees of freedom = 4
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Low urban 44 13 2 2 1
N=64
High urban 10 15 25 15 25
(N=90)
____________________________________________________________________
____________________________________________________________________
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