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Position Paper of the People's Republic of China on the United Nations Reforms 3. Disarmament and Non-proliferation - China has always stood for the comprehensive prohibition and thorough destruction of weapons of mass destruction (WMD) and opposed any forms of proliferation of WMD and their delivery systems. China has been actively promoting the international nuclear disarmament process. - All nuclear weapon states should conclude a treaty on non-first use of nuclear weapons. They should also commit themselves unconditionally to not using or threatening to use nuclear weapons against non-nuclear weapon countries or regions and conclude a binding international legal instrument in this regard. - The international community should take effective measures in real earnest to maintain and strengthen the universality and authority of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). All signatories should adopt a constructive attitude and a balanced view towards the three major goals of the Treaty. - China supports the Comprehensive Nuclear Test Ban Treaty and hopes that the Treaty will come into effect at an early date. China will maintain its moratorium on nuclear tests and work for the early ratification of the Treaty. - China supports the early launch of negotiation on the Fissile Material Cut-off Treaty on the basis of a balanced program of work to be agreed at the Disarmament Conference in Geneva. - China supports the important role played by the International Atomic Energy Agency (IAEA) in preventing nuclear weapon proliferation and promoting peaceful use of nuclear energy in accordance with the purposes of its Statute. Under the current circumstances, it is necessary to discuss, through international cooperation and consultation, how to further strengthen the nuclear non-proliferation regime, which includes such an important issue as how to take appropriate measures to further strengthen the effectiveness of IAEA safeguards. China stresses the importance of IAEA Additional Protocol and hopes to see the strengthening of its universality. - China supports and actively participates in multilateral efforts aimed at strengthening the effectiveness of the Biological and Toxin Weapons Convention (BTWC) and takes a positive attitude towards the immediate resumption of negotiation on a verification protocol of the Convention. China supports the conclusion of a new biological security protocol by the State Parties to the Convention through negotiations to classify dangerous biological agents and establish binding international standards for the export of agents of this kind. - China is in favor of strengthening the universality of the BTWC and the Chemical Weapons Convention (CWC). - The States Parties to the BTWC should observe the consultation, cooperation and investigation mechanism of the Convention, which is a main means to deal with the alleged use of biological weapons. The Secretary-General mechanism has its own historical background and scope of application. If most States Parties agree, it may be completely reviewed through multilateral negotiations. - China encourages all States Parties to submit information on confidence-building measures as required by the Review Conference of the BTWC. - Countries that have chemical weapons should accelerate their efforts to destroy their complete storage of chemical weapons, old chemical weapons and chemical weapons abandoned in other countries. The verification mechanism of the Organization for the Prohibition of Chemical Weapons (OPCW) generally functions well. The States Parties can address concerns for breach through mechanisms of clarification, consultation and cooperation. If material breach happens, the Conference of the States Parties or the Executive Council may call the attention of the UN General Assembly and the Security Council to that question. - China opposes the proliferation of weapons of mass destruction and their delivery systems, supports the strengthening of the current international non-proliferation regime and calls for the resolution of proliferation issues within the framework of international law by political and diplomatic means. Any non-proliferation measures should contribute to international and regional peace, security and stability. Like many other nations, China is not in favor of the interceptive measures taken by the Proliferation Security Initiative beyond the international law. - The prevention of weaponization of outer space and any forms of arms race in outer space conduces to global strategic stability and promotes the process of arms control and disarmament. The international community should attach great importance to this and take vigorous and effective measures to forestall this danger. The Conference on Disarmament in Geneva should promptly set up an ad hoc committee for the negotiations and conclusion of relevant international legal instruments or work toward the objective of plugging the loopholes in the current legal regime of outer space and effectively preventing the weaponization of outer space and any forms of arms race in outer space. - The Convention on Certain Conventional Weapons plays an important role in addressing the humanitarian concerns arising from war. China has always actively participated in all work related to the Convention. China hopes that the Protocol on the Explosive Remnants of War will come into effect at an early date and be implemented in real earnest. China will continue to support and participate in the work of Group of governmental Experts of the Convention; hoping progress will be made in related work. - China supports the international community's efforts in combating the illicit trade in small arms and light weapons and supports the negotiation for the conclusion of an international instrument on "marking and tracing of the illicit small arms and light weapons". The illicit trade in small arms involves many factors such as disarmament, security, development and humanitarianism and should be addressed through a comprehensive and appropriate approach. In this regard, states shall take on the primary responsibilities and strengthen coordination and cooperation, and the UN should continue to play a leading role. 4. Organized Crime - China supports the enhancement of international and regional cooperation to crack down on transnational organized crimes. Developed countries should fulfil greater obligations of providing resources. - China hopes to see effective implementation of international conventions on combating transnational organized crimes and corruption. - The UN Office on Drugs and Crime should strive to help countries comply with the conventions. - Provided that the existing international conventions concluded at the UN are effectively implemented, China does not object to the negotiation and conclusion of necessary new international conventions within the UN framework. 5. Prevention and Mediation - China supports the establishment of the "prevention culture" by the UN and larger input into conflict prevention and mediation, especially the improvement of mechanisms and measures such as early warning and fact-finding mission. - The Member States should give full play to the leading role of the Security Council and support the Secretary-General's authorized good offices and mediation. 6. Sanctions - China has always maintained that sanctions should be applied with prudence on the precondition that all peaceful means have been exhausted. Once the Security Council decides to impose sanctions, all countries are obliged to comply strictly. - China is in favor of improving the sanctions mechanism of the UN, setting a strict criterion, making it well focused, setting explicit time limits and minimizing the possibility of humanitarian crisis arising from sanctions and its impact on the third country. The committees on sanction should regularly evaluate the humanitarian impact of sanctions. - The international community should help developing countries build capacity for sanctions implementation. 7. Use of force - Peaceful settlement of international disputes and non-use of force in international relations is an important principle of the UN Charter and a basic norm of international law. China consistently stands for settlement of international disputes by peaceful means and opposes the threat or use of force in international relations. - We are of the view that Article 51 of the Charter should neither be amended nor reinterpreted. The Charter lays down explicit provisions on the use of force, i.e. use of force shall not be resorted to without the authorization of the Security Council with the exception of self-defense under armed attack. Whether an urgent threat exists should be determined and handled with prudence by the Security Council in accordance with Chapter 7 of the Charter and in light of the specific situation. - Given the varying causes and nature of crises, it is both unrealistic and hugely controversial to formulate a "one -fits-all" rule or criterion on the use of force. Whether to use force or not should be decided by the Security Council in light of the reality of conflicts on a case-by-case basis. - The Security Council is the only body that can decide the use of force. Regional arrangements or organizations must obtain Security Council authorization prior to any enforcement action. 8. Peacekeeping - UN peacekeeping operations should comply with the UN Charter and all the basic principles that are proven effective, including neutrality, consent of parties concerned and non-use of force except for self-defense, etc. - China supports the enhancement of the UN's peacekeeping capacity and welcomes the Secretary-General's proposal on the establishment of strategic reserves and civilian police standby capacity. China hopes that the Secretariat will specify and clarify the many aspects of the proposal as required by the Special Committee on Peacekeeping of the General Assembly. To establish a new mechanism entails cautious and thorough consideration so as to ensure its feasibility and effectiveness. Resources should be consolidated and limits of capacity respected and potential of the existing mechanisms fully tapped. - The limited UN resources on peacekeeping should be rationally and effectively utilized. The UN may provide support, where necessary, to peacekeeping operations conducted by regional organizations in Africa. - China supports stronger cooperation between the UN and regional organizations for better coordination and full utilization of each other's advantages. Peacekeeping operations undertaken by regional organizations should comply with the purposes and principles of the UN Charter. 9. Peacebuilding - China supports the establishment of the Peacebuilding Commission. The responsibilities of the Commission should focus on assisting the planning of the transition from conflict to post-conflict reconstruction and coordinating international efforts. China endorses the Secretary-General's view that the Commission is largely an advisory body without early warning or monitoring function. - The Commission will be responsible mainly to the Security Council, which is in the interest of its efficiency and effectiveness. China also supports the Economic and Social Council's full participation in the Commission's work. - The Secretariat should follow the principles of efficiency and effectiveness in setting up the Peace building Support Office. III. Rule of Law, Human Rights and Democracy 1. Responsibility to Protect - Each state shoulders the primary responsibility to protect its own population. However, internal unrest in a country is often caused by complex factors. Prudence is called for in judging a government's ability and will to protect its citizens. No reckless intervention should be allowed. - When a massive humanitarian crisis occurs, It is the legitimate concern of the international community to ease and defuse the crisis. Any response to such a crisis should strictly conform to the UN Charter and the opinions of the country and the regional organization concerned should be respected. It falls on the Security Council to make the decision in the frame of UN in light of specific circumstances, which should lead to a peaceful solution as far as possible. Wherever it involves enforcement actions, there should be more prudence in the consideration of each case. 2. International Criminal Court - China supports the establishment of an International Criminal Court characterized by its independence, impartiality, effectiveness and universality, capable of punishing the gravest international crimes. - In view of some deficiencies in the Rome Statute of the International Criminal Court which may hinder the just and effective functioning of the Court, China has not yet acceded to the Statute. But we still hope that the Court will win the confidence of non-Contracting Parties and wide acceptance of the international community through its work. -The Security Council should act with prudence as to whether to refer a certain situation to the International Criminal Court. 3. The International Court of Justice - China is in favor of strengthening the role of the International Court of Justice, improving its working methods and enhancing its efficiency. The right of each country to choose freely peaceful means to settle disputes should be respected. To be continued in the next issue Sheraton Addis Awarded global prize for Best customer Service Sheraton Addis has yet again received a nod for its excellence, on a regional Starwood collection conference held in Abu Dhabi on August 23, 2005, when it was given the Best Customer Service award. NFO, an international survey company, conducted the reviews on a web-based survey, sending hotel guests questionnaires related to overall service satisfaction, after they have checked out. The results, complied every month by NFO, made Sheraton Addis the highest scorer amongst all Starwood’s international hotels for the year 2004, according to hotel management. Starwood has 752 hotels in four regions of the world, of which 175 are located in Europe, Africa and the Middle East. The group has 437 hotels in North America, 46 in Latin America, and 94 in Asia Pacific. These hotels are classified in four groups, including owned hotels, managed and unconsolidated joint venture hotels, franchised hotels, and vacation ownership resorts. Sheraton Addis is in the managed and unconsolidated joint venture group. The best customer service award is the third of its kind Sheraton Addis has received in the past seven years. The hotel was given the Ultimate Service Award for Africa for three consecutive years in 2001, 2002 and 2003. CNN, The Financial Times and American Express amongst others, give these awards yearly. Another survey made by NFO has also brought the hotel an award for standard compliance in 2003. “Such excellence shows the commitment of the staff for quality service”, said the general manager Jean-Pierre V. Manigoff. “Encouraged by what we have achieved, we will work for greater improvement since the hotel business is not a static one.” He also said that the hotel is exploring the possibilities of providing Wireless Internet Access, Video on Demand (VOD) service and Flat Screen televisions for guests.
Excerpts from the Report of the Commission for Africa Recommendations
frica has begun to make progress in the long battle against poverty. But to sustain that will require a stronger partnership between African nations and those of the rich world. That means action, and change, on both sides. Africa must take the lead in this partnership, take on responsibility for its problems and take ownership of the solutions – which are far more likely to work if they spring from African insights and judgments than if they are imposed from outside. The international community, for its part, must cease to do those things by which it harms or disadvantages the world’s poorest people. It must do what it can to support the reforms, which are underway in Africa; these must accelerate significantly if the continent is to prosper and poor people are to share in that prosperity. It must support Africa’s regional initiatives, including the African Union and its NEPAD programme, to work together to generate and promote these reforms. Some of our recommendations – on infrastructure, on health, on education – require significant transfers of money from the developed world to Africa. Others – underpinned by new approaches to African cultures – require changes to behavior, ways of working and priorities. Other call on the international community to stop doing things, which damage Africa. All these should be seen as an integrated package. Partners must work together to implement this package with commitment, perseverance and speed, each focusing on how they can make the most effective contribution. Recommendations on Governance and Capacity-building Weak governance has blighted the development of many parts of Africa to date. Weak governance can include bad government policies and an economic and political climate, which discourages people from investing. It can also include corruption and bureaucratic systems that are not open to scrutiny and therefore are not answerable to the public. In addition, it includes a lack of accountability and weakness in mechanisms to ensure that people’s voices are heard and their rights upheld, such as parliaments, the media and the justice system. At the core of the governance problem in many parts of Africa is the sheer lack of capacity of national and local government ministries, and the problems of recruiting and keeping skilled staff, equipped and motivated to do their job. The continent’s regional and pan-African organizations, including the African Union and its NEPAD Programme, which are so important to Africa’s future, also need strengthening. Investing in capacity-building - Developed countries should give strong – both political and financial – to Africa’s efforts to strengthen pan-African and regional bodies and programmes, including the African Peer Review Mechanism. - African governments should draw up comprehensive capacity-building strategies. Donors should invest in these, making sure that their efforts are fully aligned with these strategies rather than with their own competing priorities and procedures. . - Skilled professional are keys to building improvements in the administration and technical ability, which so gravely lacks. The international community should commit in 2005 to provide US$500 million a year, over 10 years, to develop centres of excellence in science and technology, including African institutes of technology. Increasing accountability and transparency - Parliaments in both developed and other developing countries should establish partnerships to strengthen parliaments in Africa, including the pan-African parliament. - Independent media institutions, public service broadcasters, civil society and the private sector, with support from governments, should form a consortium of partners, in Africa and outside, to provide funds and expertise to create an African media development facility. - Developed country governments, company shareholders and consumers should put pressure on companies to be more transparent in their activities in developing countries and to adhere to international codes and standards for behaviour. - The international community should give strong political and financial support to schemes such as the Extractive industries Transparency initiative (EITI) to increase the transparency of payments made to, and received by, governments and should encourage its acceptance by all resource-rich African countries. It should support the development of criteria and a means of validating EITI implementation; and support and fund capacity building among public servants as well as civil society, by contributing to the EITI Multi-donor Trust fund. - Principles of transparency such as those in EITI should be extended to other natural resource sectors, including forestry and fisheries. - Timber importing countries should ensure they do not trade in illegally acquired forest products and should procure only legally sourced timber and products. Corruption Corruption is a systemic challenge facing many African leaders. They must demonstrate renewed political will to fight it at levels in the economy and society. Many African nations have begun this task. Increased transparency by African governments will assists this. But fighting corruption involves tackling those who offer bribes as well as those who take them. - Developed countries should encourage their Export Credit Agencies (ECAs) to be more transparent and to require higher standards of transparency their support for projects in developing. Developed countries should also fully implement the Action Statement on Bribery and Officially Supported Export Credits agreed by members of the industrialized nations group, the OECD. - Countries and territories with significant financial centres should take, as a matter of urgency, all necessary legal and administrative measures to repatriate illicitly acquired state funds and assets. We call on G8 countries to make specific commitments in 2005 and to report back on progress, including sums repatriated, in 2006. - All states should ratify and implement the UN Convention against Corruption during 2005 and should encourage more transparent procurement policies in both Africa and the developed world, particularly in the areas of construction and engineering. Strengthen information systems - Good information is essential to informed policymaking and effective delivery. Donors should provide the additional amount required to help Africa improve systems to collect and analyze statistics, to meet criteria normally regarded as an acceptable minimum (estimated at about an additional US$60 million per year). Recommendations on Peace and Security The right to life and security is the most basic of human rights. Without increased investment in conflict prevention, Africa will not make the rapid acceleration in development that its people seek. Responsibility for resolving conflict in Africa should lie primarily with Africans, but there is much more the developed world can do to strengthen primarily with Africans, but there is much more the developed world can do to strengthen conflict prevention. Investing in development is itself an investment in peace and security. Tackling the causes of conflict, and building the capacity to manage them - To make aid more effective at reducing conflict, all donors, the international financial institutions, and the United Nations should be required to use assessments of how to reduce the risk of violent conflict and improve human security in formulating their country and regional assistance strategies. - As a matter of priority and no later than 2006, the international community should open negotiations on an international Arms Trade Treaty (ATT). - The international community must also adopt more effective and legally-binding agreements on territorial and extra-territorial arms brokering, and common standards on monitoring and enforcement. These agreements could be integrated into a comprehensive ATT. - To speed up action to control the trade in natural resources that fund wars, the international community should: - agree a common definition of ‘conflict resources’, for global endorsement through the United Nations; - create a permanent Expert Panel within the UN to monitor the links between natural resources extraction and violent conflict and the implementation of sanctions. The panel should be empowered to recommend enforcement measures to the UN Security Council. - OECD countries should promote the development and full implementation of clear and compressive guidelines for companies operating in areas at risk of violent conflict, for incorporation into the OECD Guidelines on Multinationals Enterprises. Building regional and global capacity to prevent and resolve conflict The international community must honour existing commitments to strengthen Africa peacekeeping capacity, including support for training and logistics. But it must move beyond this to increase investment in more effective prevention and non-military means to resolve conflict. - To enable the AU to act quickly and effectively to prevent and resolve violent conflict, donors should agree to fund at least 50 per cent of the AU’s Peace Fund from 2005 onwards. As far as possible, and in return for the implementation of effective financial accountability by the AU, these contributions ought to be unearmarked. - In 2005, the UN and regional organizations must take steps to clarify their respective roles and responsibilities, and the criteria for taking action to prevent and resolve conflict. They must also establish effective co-ordination mechanisms. - In 2005, the UN Security council establishes the UN Peacebuilding Commission, as proposed by the United Nations High Level Panel on Threats, Challenges and Change. It should have the powers and resources required to fulfil its mandate to prevent violent conflict, and co-ordinate post-conflict reconstruction. Post-conflict peacebuilding As well as supporting the UN peacebuilding commission to improve the co-ordination of post-conflict peacebuilding, we recommend further measures: - Donors should fund the rapid clearance of arrears for post-conflict countries in Africa to enable early access to concessional financing from international financial institutions. In line with this report’s recommendations on aid quality, they should also allocate long-term and predictable grant financing sufficient to meet the reconstruction needs of post-conflict countries. Recommendations on Leaving No-One Out: Investing in People There is no substitute for the large increase in resources that are required to reverse years of chronic under-investment in education, health and social protection. Effective use of these large new resource flows will require comprehensive plans for delivery and for monitoring results. To this end, African governments must continue to strengthen governance and ensure the participation of ordinary people and local communities in decisions on development. For its part, the international community must deliver what it has promised. Both African governments and international donors must ensure that opportunities are available to all. Education - Donors and African governments should meet their commitments to achieve Education for all, ensuring that every child in Africa goes to school. Donors should provide an additional US$ 7-8 billion per year as African governments develop comprehensive national plans to deliver quality education. - In their national plans, African governments must identify measures to get girls as well as boys into school with proper allocation of resources. Donors should meet these additional costs. - African governments should undertake to remove school fees for basic education, and donors should fund this until countries can afford these costs themselves. - To ensure that high quality education is delivered, African governments must invest in teacher training, retention of staff and professional development. Teacher/child ratios should be brought to under 1:40 in basic education. Donors should commit to predictable long-term funding to enable this. - Education should provide relevant skills for contemporary Africa. Donors should fund regional networks to support African governments in the development of more appropriate curricula at all levels. Health - African governments should invest in rebuilding systems to deliver public health services. Donors should provide US$7 billion over five years for this, behind the Health Strategy and initial Programme of Action of the African Union’s NEPAD Programme. - Donors and African governments should urgently invest in training and retention to ensure there are an additional one million health workers by 2015. - African governments should meet their commitment to allocate 15 per cent of annual budgets to health and put in place strategies for the effective delivery of health services. Donors should increase their funding to support these strategies, making up the shortfall, from an additional US$ 10 billion annually immediately and rising to US$20 billion annually by 2015. The assistance should go predominantly through national budgets. - Where African governments remove fees for basic healthcare as part of reform, donors should make a long-term commitment to fill the financing gap until countries can take on these costs. - Donors should fully fund the Global Fund to fight AIDS, Tuberculosis and Malaria. - Donors should commit to full funding of the Global Alliance for Vaccines and Immunization (GAVI) through the international Financing Facility for Immunization. They should also meet their commitments to the Polio Eradication initiative to eradicate polio in 2005. - The World Health Organization’s ‘Two diseases, one patient’ strategy should be supported to provide integrated TB and HIV care. - African governments and donors should work together to ensure that every pregnant mother and every child has a long lasting insecticide treated net and is provided with effective malaria drugs. - Donors should ensure that there is adequate funding for the treatment and prevention of parasitic diseases and micronutrient deficiency. Governments and global health partnerships should ensure that this is integrated into public health campaigns by 2006. - African governments must show strong leadership in promoting women and men’s right to sexual and reproductive health. Donors should do all they can to enable universal access to sexual and reproductive health services. - Donors should develop incentives for research and development in health that meet Africa’s needs. They must set up advance purchase agreements for medicines. They should increase direct funding of research led by Africa, coordinated by the Regional Economic Communities and in collaboration with the global health partnerships. Water and sanitation - Starting in 2005, donors must reverse the decline in aid for water supply and sanitation, to enable African governments to achieve the Africa Water vision commitment to reduce by 75 per cent the proportion of people without access to safe water and sanitation by 2015. The G8 should report back by 2007 on implementation of the G8 Water Action Plan agreed in 2003. HIV and AIDS - The international community must reach a global agreement in 2005 to harmonize the current disparate response to HIV and AIDS. The must be in support of bold and comprehensive strategies by African governments that take account of power relationships between men, women and young people. - As agreed in the UNGASS Declaration of Commitment on HIV and AIDS, African governments and the international community should work together urgently to deliver the right of people to prevention, treatment and care. Donors should meet the immediate needs and increase their contribution to at least US$10 billion annually within five years. Protecting the most vulnerable - African governments should develop social protection strategies for orphans and vulnerable children, supporting their extended families and communities. Donors should commit to long-term, predictable funding of these strategies with US$2 billion a years, - Donors should support the African Union’s NEPAD Programme to develop a rights and inclusion framework and support countries to develop social protection strategies by 2007. - Donors African governments should endorse and implement the UN Framework for the Protection, Care and Support of the Orphans and Vulnerable children. - Donors and African governments should provide direct budgetary support to pan-African organizations to support their work in protecting women and children’s rights. To be continued in the next issues ETHICAL AND THEOLOGICAL CHALLENGES PRESENTED BY HIV/AIDS As the HIV/AIDS problem continues to take its multifaceted charge on humanity, particularly in Sub-Saharan Africa, Fr. Micheal J. Kelly, S.J., offers in this article, an insightful, analytical and comprehensive exploration of ethical and theological challenges presented by HIV/AIDS. Part I REDUCING THE RISK OF HIV TRANSMISSION
he ideal situation would be to see and end to every from of sexual behavior that puts an individual at risk of becoming infected with HIV. In practice, however, it must be acknowledged that such forms of behavior seem certain to continue. In spite of the risk of HIV transmission, our Christian communities like the rest of the world, will almost certainly continue to see instances of early sex, pre-marital sex, casual sex, drug or alcohol induced sex, commercial sex, sex with multiple partners, extra-marital sex, bisexual activities, and homosexual activities. Many of these increase the risk of HIV infection. There is also the tragedy of many married women becoming HIV-infected through their fidelity to husbands who themselves are not faithful. Such situations make it necessary to consider what can be done in circumstances like these to reduce the likelihood of HIV-infected through their fidelity to husbands who themselves are not faithful. Such situations make it necessary to consider what can be done in circumstances like these to reduce the likelihood of HIV transmission. Where there is the possibility that sexual activity might involve the risk of becoming infected with HIV or transmitting the disease, the experts propose four harm-reducing practices: - Reducing in the number of sexual partners. Ideally, this would find expression in fidelity to one partner in a stable union. - Delay or postponement of sexual activity. Ideally this avoidance of sexual intercourse outside of a stable married union. - Sexual activity without penetrative intercourse. - The consistent and proper use of a condom. ABSTINENCE AND FIDELITY AS PRIORITY Together with those from other faiths and religions, the Catholic Church has been outstanding for eh consistent and forceful way it has promoted the first two options, abstinence before marriage and mutual fidelity within marriage. Abstaining from penetrative sex and remaining mutually faithful in a relationship where both parties are HIV-negative are the only sure ways of preventing HIV transmission. The insistence of the Church on these principles has kept them prominent in people’s thinking. The Church’s insight here also corresponds to what majority of people see as being best in human behavior. Clearly, abstinence and fidelity are the most desirable course of action. They are also the course of action adopted by most people. This is shown by the fact that even in the countries most severely affected by HIV, three-quarters and more of the people are not infected, implying the likelihood that a very large percentage do in fact abstain from risky sexual activity and/or live in mutual fidelity in the safe union of a marriage where neither partner is infected with HIV. Apart from the way they match up to the highest ideals in human sexual practice, abstinence and fidelity have a further merit. They represent substantive behavior changes (or the maintenance of intrinsically valuable human behaviors). Hence, they are more likely to be sustained that the more superficial behavior change involved in condom use. Like good driving, abstinence and fidelity come from internal values that have developed good practices. Like using a safety belt, condom use is an externally applied protection for emergencies. CONDOM USE
ut while abstinence and fidelity remain the ideal (and the practice of very many), a place has to be found for the other two options (non-penetrative sex and condom use). Hence it is necessary to ask whether they can be upheld on moral grounds. The answer is that they can, with the ethical justification for these practices, and for advocating them, lying in the principle of the lesser evil (and for married couples, in the principle of double effect). The principle of the lesser evil states that if an individual contemplates placing an action that involves the violation of more than one ethical principle, it is lawful (and in certain circumstances even obligatory) to modify the action in a way that will reduce the violations. For example, if an individual is determined to carry out a robbery with violence, it is legitimate to counsel that, whatever else may happen violence should be avoided. In the case of high-risk sexual activity, there may be two evils -- the wrong use of sex and the danger of transmitting (or acquiring) a potentially life –threatening infection. The first evil violates chastity. The second violates justice by posing a threat to the health or life of an individual. The principle of the lesser evil states that if sexual activity is to take place in these circumstances it should be performed in such a way that the danger of transmitting HIV is eliminated or at any rate reduced. Since the condom reduces this risk, its use can be advocated. The ethically wrong use of sex remains, but without a condom the action would add the further ethically wrong dimension of putting oneself or another person at risk of HIV infection. In the recent words of a consulter to the Vatican Congregation for the Doctrine of the Faith, in contexts such as this, “the problem is not condoms. The problem is disordered sexuality” Even more direct and forthright were the comments of Belgian Cardinal Godfried Danneels in a television interview on 11 January 2004: “When someone is HIV-positive and his partner says ‘I want to have [sexual] relations with you,’ then he does not have to do it. But if he does, he has to use a condom. Otherwise he will commit a sin.” In the view of this senior Cardinal, Condom use is not only morally lawful but, where HIV is present, is morally required. But to say that condom use can be morally justified in certain circumstances does not mean that it is right to distribute condoms indiscriminately. And it is very far from saying that it is all right to have sex provide you use a condom. Handing out condoms to every passer-by as though they were sweets is irresponsible and unethical. Efforts should be made to ensure that those who are to have access to this safety device have had an opportunity to develop some understanding that abstinence and fidelity are usually the helped to know that while the condom offers a large measure of protection against HIV infection, it is not necessarily one hundred percent effective. In this whole discussion, then, ethical concern for the truth requires that all parties accept the truth of a number of statements, namely that: - abstinence and fidelity are the only totally effective ways of avoiding HIV infection; - abstinence and fidelity are the most desirable (and usually the most culturally acceptable) ways of avoiding HIV transmission; - condom use be morally justified; - there may be circumstances where condom use is morally required; and - for a variety of reasons condom use may fail to prevent HIV transmission. CONCLUSION
hen convening the Second Vatican council, Pope John XXII called for the windows of the Church to be opened, so that the light of the Holy Spirit might have a better chance to shine in dark corners. At this time of HIV/AIDS, each one of us needs to open the windows of our hearts to let the light of God’s Spirit of truth shine within us. We all need the light of the Holy Spirit to know what is right in our present circumstances. Likewise, we need the strength of the Spirit, the Comforter, the One-Who-Strengthens, to say and do what we see to be right with regard to promoting the full equality and dignity of women, making a meaningful onslaught on poverty, and fostering a more joyful acceptance of God’s great gift of sexuality. In these ways we will serve people better, we will promote life-saving responses to the HIV/AIDS epidemic, and we will embody better in ourselves the bountiful God whom Scripture represents as Father, Mother and Spouse. Michael J. Kelly, S.J. Luwisha House |
