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News/Event Item
Global Health Council Decries Anti-Prostitution Pledge Ruling
March 2, 2007
A U.S. Court of Appeals this week reversed a lower court decision and held constitutional a U.S. government policy requiring that U.S organizations receiving HIV/AIDS grants have a policy condemning prostitution. The Court of Appeals for the D.C. Circuit ruled on Feb. 27 that DKT International’s First Amendment freedoms are not violated by the policy.
“The Court held that NGOs lose their independence when they accept federal funds to implement a government program,” said Global Health Council president Nils Daulaire. “This is a chilling message that flies in the face of earlier court rulings.”
“We also remain deeply disappointed at the government’s efforts to impose an ideological requirement on its partners rather than embracing open discussion of complex issues,” said Dr. Daulaire.
The U.S. Leadership against HIV/AIDS, TB, and Malaria Act authorizes U.S. international AIDS programs implemented by many Global Health Council members. Under this law, funding may not be provided to any organization that does not have an organization-wide policy explicitly opposing prostitution and sex trafficking. This policy restricts the organization’s both privately and federally funded activities and speech.
The D.C. District Court held in May 2006 that this Anti-Prostitution Pledge requirement “casts too wide a net and is not narrowly tailored,” forcing NGO’s to “parrot the government’s policies.” A federal court in New York made a similar ruling last year.
The Court of Appeals, nevertheless, agreed with the government that it may “constitutionally communicate a particular viewpoint through its agents and require those agents not to convey contrary messages,” even if these messages are privately funded. The Court also suggested that DKT could restructure itself to remain eligible for U.S. funding.
The GHC decries the Appeals Court’s ruling as an unjust and ill-considered expansion of government authority to limit the free speech of NGO’s receiving public funding to fight AIDS.
Said Dr. Daulaire, “The Court’s proposal that NGOs restructure themselves in order to speak freely imposes an unrealistic burden. This may limit the number of organizations providing HIV/AIDS services in the poorest countries. The Council hopes for a more positive ruling in the pending New York case involving Global Health Council members Pathfinder and Open Society Institute. We also call upon Congress to strike the Anti-Prostitution Pledge when it reauthorizes US global AIDS programs.”
The Global Health Council is the world’s largest membership alliance dedicated to saving lives by improving health throughout the world. The Council serves and represents thousands of public health professionals from more than 100 countries on six continents.
category: Global Health Council News : General Health News
contributed by Winnie Mutch on 2 March 2007
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