I’ve been working desultorily (a beautiful word: say it slowly: it seems to capture being lazy but just alive enough to claim you’re still doing something) on an article on aid conditionality and LGBT rights.
This all comes, of course, from the controversy launched last fall by David Cameron’s declaring his government would cut development assistance to governments that committed violations based on sexual orientation and gender identity. This statement was idiotic in the pure, Greek sense: Cameron was, in essence, talking to himself. It came without any prior consulting with activists in the countries in question, and was an ill-planned effort to get domestic voices in the UK to shut up and stop pressuring the PM.(They did, obediently.) The ensuing backlash, across Africa and elsewhere, proved exceedingly discouraging about the idea. However, Hillary Clinton’s announcement that LGBT rights were a new US global priority gave new life to the project, and US advocates have urged the Obama administration to enlist American foreign aid money in the cause.
Northern governments have ben conditioning development aid on other issues for a while, especially in the last 30 years– usually affixing economic strings (hire our consultants! buy our goods! privatize your hospitals, if you want our aid!), less often political or rights-related ones. I’ll raise specific questions in my article about whether something around sexuality- and gender-related abuses makes them peculiarly resistant to being stopped by such linkages. There are also legitimate concerns, though, about whether such linkages ever work the way they’re meant to, or are ever justified. I’m skeptical they do, or are. I’d like to get some discussion going as I finish the article, and so I’ll share some resources here for others who are skeptical, or in favor, or undecided, in hopes you’ll argue or respond. Respond! Use the comments section, or write me directly.
1) First off: here’s an interview with Radhika Balakrishnan, of the Center for Women’s Global Leadership, that lays out some of the concerns with conditionality clearly.
2) The October 2011 statement by dozens of African activists opposing aid conditionality in the LGBT rights sphere is here. Hakima Abbas’s “Aid, Resistance, and Queer Power” expands on its points; her essay can be found in this booklet from Sexuality Policy Watch (pp. 16-19) along with “Aid conditionality and respect for LGBT people’s rights” by Luis Abolafia Anguita (pp. 9-15).
3) An especially important paper you should examine is this report by AWID (the Association of Women in Development), succinctly called Conditionalities Undermine the Right to Development. It sets out a wide range of facts and arguments on the issue. Because it’s 128 pages long, I’ll try in the following points to summarize some of the background with which it deals.
4) A lot of people (including many of those pushing for aid conditionality) don’t know about the political negotiations in the last 10 years over the issue of how aid works, or doesn’t. By “political” I mean: Northern and Southern governments have actually discussed the subject, sometimes with each other! In 2005, a major ministerial-level meeting produced the Paris Declaration on Aid Effectiveness, responding to a wide perception that aid wasn’t being … well, effective. Over 100 countries joined to affirm five pillars of meaningful assistance: Ownership, Harmonisation, Alignment, Results and Mutual Accountability. (OHARMA?) OK, enough buzzwords. The key commitment under “Ownership” was that conditions on aid, if any, should be jointly owned. Donors should
draw conditions, whenever possible, from a partner’s national development strategy … Other conditions would be included only when a sound justification exists and would be undertaken transparently and in close consultation with other donors and stake holders.
Pragmatically, this recognized that conditions imposed from outside simply weren’t being met. Three years later, another high-level forum in Ghana produced the Accra Agenda for Action (AAA, a way better acronym). This proclaimed, “We will continue to change the nature of conditionality to support ownership” by developing countries. It mandated donors to “work with developing countries to agree on a limited set of mutually agreed conditions based on national development strategies,” and to “document and disseminate good practices on conditionality.”
Both these documents can be found here, and straightforward summaries are here and here. It’s important to see that the emphasis on joint commitments, as opposed to taking aid hostage, severely limits how far donor governments should use aid to enforce rights goals that aren’t fully shared (or aren’t integrated into development strategies). Do we want LGBT rights to be the basis for backtracking on these principles?
5) Civil societies and social movements engaged intensely in the lead-up to the Paris and Accra meetings, as well as a further gathering in Busan, Korea, in 2011. And while you might suppose that women’s movements, for example, would want aid more conditioned on rights policies — since they were urging women’s rights and gender equality as core components of development planning – almost exclusively they called for less conditionality. Part of their reasoning involved the possible devastating effect of slashes in aid. They also saw that conditions foreign governments imposed actually prevented civil society in developing countries from being part of the rights discussion: everything turned into an argument between the donor and recipient governments, with domestic voices ignored. A broad coalition of feminist and gender-equality groups in 2011, for instance, called on donors to
[m]ove away from policy conditionalities towards consistent application of concepts of multiple responsibility, accountability and transparency among both donor and developing countries. This could be advanced, for example, by supporting democratic scrutiny of development goals, policies and results. Policy conditionalities can have negative impacts on people, particularly on women and girls. They undermine the principle of ownership and contradict the right to development and self-determination.
Similar criticisms can be found here.
6) The Paris and Accra documents have come under considerable fire for not going far enough. This (briefer) briefing paper from AWID summarizes some of the critiques. And this analysis by the UK-based Overseas Development Institute looks at the debate over aid effectiveness “through the recipient lens,” by talking to officials in governments that get aid. One criticism is that the Paris-based language doesn’t put sufficient stress on “predictability” of aid — states and societies need to know that money isn’t going to go away when the givers shift their whims. Conditionality is a prime generator of unpredictability in aid. The fact that many Northern donor governments don’t have a cross-party consensus on LGBT rights worsens the prospects in this particular sphere. What happens if Obama imposes conditions on development aid based on getting rid of sodomy laws; then Romney defeats him, and suddenly sodomy laws are OK; then Hillary Clinton gets elected in four years, and abruptly the conditions are back on again? Manic roller-coaster swoops and swerves in the terms of assistance don’t just leave governments confused; they mean that anti-poverty, health or infrastructural programs in country after country can’t plan on future funding, or their own existence. That’s a heavy responsibility for LGBT rights to bear.
7) When advocates talk about “conditionality,” often they mean the set of economic — or combined economic and political — strings that donor governments started attaching to aid in the 1980s and 1990s. International lenders, the World Bank and IMF, were even more radical and reviled movers in this. But surely human rights conditions are a different, friendlier thing altogether?
No. What’s happened for 30 years is that donors tie human rights into a bundle with something called “economic freedom,” or maybe “good governance,” conceived as governing the economy with a particular set of virtues that will make particular classes rich. After all, they’re all “freedoms,” right? Rights thus get bound up with the infamous “Washington Consensus”: Privatize everything! Shrink the state! Down with protection, up with free trade! Deregulate! This neoliberal “reform” brings wealth to people who are plugged into global flows of capital. It impoverishes pretty much everyone else — women, minorities, unpopular groups even more than others. When human rights get wrapped up with its strictures, they lose their popularity as well. LGBT rights are already seen, in many places, as imports from the insidious Outside. If wedded to imposed neoliberal policies, their street cred likely shrinks to zero.
A fine example is a United States concoction called the “Millennium Challenge Corporation (MCC)” This strange being, set up by the Bush presidency in 2004, reveals how fake-friendly you can make aid conditionality appear, with the right rhetoric. It’s a foreign aid agency with a ton of US money, and a mandate to give it out only based on supposedly clear standards and criteria. If LGBT rights are going to be integrated into US giving, the MCC is one place it will start — and advocates are already targeting it to establish LGBT benchmarks for giving.
The MCC grades developing countries on 17 indicators; they must exceed a median score on a number of them to be eligible to apply for money. One set of indicators is called “Ruling Justly,” and includes “civil liberties” and “political liberties.” This is the human-rightsy side. Another is called “Economic Freedom,” and includes “trade policy,” “inflation rate,” and “fiscal policy.” This is the telling part. The “trade policy” benchmarks, for instance, come directly, explicitly, from the Heritage Foundation: a right-wing Washington think tank whose mission – self-described – “is to formulate and promote conservative public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense.”
MCC is all about eliminating trade barriers and denuding countries of defenses against foreign purchase and foreign sales. This means ending protective, import-substitution policies for building strong domestic industries: policies that have been the main means, in the last hundred years, for poor countries to develop. It means prying markets open to invasions of US goods, while eviscerating local producers. (The US government’s cabinet-level Trade Representative, statutorily responsible for doing the prying, sits on the MCC’s board.) It’s striking, too, that one of the absolute rather than relative indicators the MCC demands is “inflation rate,” where it insists on a strict maximum of 15%. This restricts countries’ power to devalue their currencies and stimulate their economies. It locks the receipients of MCC aid into the same austerity trap that Eurozone nations are writhing against today.
Even the most humane of the MCC’s indicators — the “Investing in People” silo, evaluating public spending on things like health and education — tends toward the lowest standards (and doesn’t pay even lip service to the concept of economic and social rights). The MCC is mainly a brass-knuckle enforcer of neoliberalism, with some salving concessions to human rights in the form of “Ruling Justly” (a bizarre phrase in itself). Despite its cheerful visage, it’s a sinister strategy. Some serious caution is called for before letting LGBT rights be part of its package. To tie them to a project likely to inflict penury on subject populations could well be disastrous.
I’m not the only one who says this. For some detailed critiques of the Millennium Challenge Corporation, check out the three articles — by Maurizio Carbone, Emma Mawdsley, and Susanne Soederberg – here. (Because these texts are Rapunzelled in behind academic firewalls, I’ve uploaded them and let down their hair so you can read them. If the authors object, fine, but then they’re bad leftists.) And if you want to find out about your own country’s relations with the MCC, that information (the agency is at least transparent!) is here. My advice: Watch out.
But the difficulty transcends the MCC. The donors most likely to give a friendly hearing to LGBT-rights conditionality are donors already practicing conditionality based on “economic liberalization or “open markets”: conditions that, steeped in neoliberalism, are abhorrent to most peoples of the global South.
8) My real problem with the arguments for aid conditionality goes deeper. It’s that the advocates stay confined within a tightly limited and lopped version of human rights, very different from the one most people in the world believe in.
Proponents speak as if, on one side, there were human rights lined up neatly: free expression, freedom from torture, freedom from sodomy laws, and so on. Then on the other, there’s development money. The only relation between the two sides is that, if a country respects the rights, it should get its development money. If it doesn’t, it shouldn’t get any. Or not as much.
You would never imagine, hearing these folks promote this vision, that development is itself a human right. The UN General Assembly adopted its “Declaration on the Right to Development” in 1986, stating:
The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized.
The Declaration and Programme of Action of the 1993 Vienna World Conference on Human Rights also dealt with the issue extensively: “Democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing,” it affirmed. And:
States should cooperate with each other in ensuring development and eliminating obstacles to development. The international community should promote an effective international cooperation for the realization of the right to development and the elimination of obstacles to development.
Imagining that human rights are largely unconnected to development, except to legitimate restricting it, fits with a certain Anglo-American perspective in which economic and social rights don’t exist. But if you do believe development is a right, then to endorse conditionality as part of the standard human rights toolkit is, needlessly and destructively, to pit human rights against each other.
The “Quezon City Declaration on AID” — a 2007 manifesto by a coalition of Asian movements and NGOs — states that
The kind of aid we want must be premised primarily on a recognition of the history of colonization of countries across Asia, a history that persists in the continued exploitation by the North of the South, particularly the peoples of Asia and the region’s biodiversity. From this lens, aid becomes a matter of global redistributive justice, a just righting of historical wrongs.
In this light — and from the perspective of development as a human right — it’s notable that, in 1970, donor countries pledged to devote 0.7% of their GDP to overseas development assistance. Almost none of them do so. In 2010 only five OECD countries met that mark; the US stood mired at less than a third. Surely the first priority of US and European advocates, including LGBT rights advocates, should be to increase their countries’ overall giving to meet their human rights commitments. They shouldn’t use LGBT rights as an excuse for governments to fail their pledges and give less.
It’s only by understanding development as a right that you can see how the Quezon City statement can both call on states to reject conditionalities, and
enjoin both donors and national governments to adopt a rights-based approach to aid giving, which means ensuring that human rights standards and social development principles guide all development cooperation and programming in all sectors and in all phases of the programming process. Right-holders and their supporters such as human right NGOs should be included in decision-making processes relating to aid money and allocation. Attention must especially be given to those whose voices are at risk of being silenced or marginalized vis-à-vis aid: women, children, and adolescents, or non-citizens such as in/formal migrant workers, indigenous peoples, small farmers and fishers, etc.
A “rights-based approach to aid giving” means not using rights to justify cutbacks, but using aid actively and creatively to promote rights, including funding decision-making and participation by the most marginalized communities. The mounting calls for aid conditionality in the LGBT sphere suggest a failure of imagination, an unwillingness to think through creative ways that aid can further rights, not curtail development. We can do better than that.