News and Features
The election this March of an openly gay Mayor of Paris--the Socialist Bertrand Delanoë--would have been unthinkable just a few years ago. That's one reason the American edition of Frédéric Martel's The Pink and the Black (it appeared in France five years ago) is so pertinent: It's the first attempt at a history of the modern French gay movement, without whose achievements the victory of Delanoë would not have been possible. It all began on March 10, 1971. Radio star Ménie Grégoire was moderating her enormously popular chat show before a live audience in Paris's famous Salle Playel. The broadcast's theme that day: "That Painful Problem, Homosexuality," with experts from law, medicine and the Catholic Church. Suddenly interrupting some priestly condescensions, a group of homosexual women rose from the audience, yelling, "It's not true, we're not suffering! Down with the heterocops!" The lesbians stormed the stage, and the control room cut off the microphones and switched to recorded music. The militants' message: "Homosexuals are sick of being a painful problem." The Front Homosexuel d'Action Révolutionnaire (FHAR), and with it the modern French gay movement, had been born.
The youthful activists who formed the FHAR had their political coming-of-age in the turbulent student-left rebellion of May 1968 that turned into a nationwide general strike in all walks of life, a gigantic outpouring of social protest against the suffocating atmosphere of de Gaulle's France. And while the young far-left soixante-huitards ('68ers) were initially hostile to "supposedly bourgeois homosexuality," as Martel writes, the May rebellion "contained, in embryo, all the ingredients of sexual liberation, for which it was a dress rehearsal." While the FHAR was initiated by women, it quickly admitted men as "objective allies."
One of the first men to join the FHAR was Guy Hocquenghem, who rapidly became the nascent movement's undisputed star. Hocquenghem's political itinerary was fairly typical of the soixante-huitards. After an "apprenticeship" in the Union of Communist Students when he was a brilliant philosophy student at the prestigious École Normale Supérieure in Paris, he was a leader of the National Union of French Students and--rejecting the heavy-handed Stalinism of the French Communist Party--became by turns a Trotskyist and then a Maoist. By the time of the FHAR's founding he was a prominent member of Vive la Révolution (VLR), a libertarian split-off from the orthodox Maoists that was led by Roland Castro (later a prominent architect and adviser to French President François Mitterrand on urbanism).
After joining the FHAR, Hocquenghem proposed that it put together a special issue of Tout!, the VLR's newspaper, which he coordinated. In the issue, 50,000 copies of which were published in April 1971, were articles titled "Our Bodies Do Belong to Us," "The Right to Homosexuality and Every Sort of Sexuality," "The Right of Minors to Freedom of Desire and Its Satisfactions" and, most important, "Let's Stop Cowering in the Corner." Martel records that "thus the theme of coming out appeared for the first time in France.... The FHAR, 'a saw for cutting up reality in a different way,' in Hocquenghem's expression, had found its slogan."
All this became a public scandal when the Interior Minister had Jean-Paul Sartre, who had lent his name to Tout! as editorial director, indicted for "public indecency" and "pornography"; police seized 10,000 copies of Tout! and the vice squad raided its offices. In the end Sartre, and the gay liberationists, won in court, a stunning victory against the justice system.
The FHAR's general meetings, held in the amphitheater of the École des Beaux Arts, grew rapidly from fifty people to a hundred, to a thousand, and they "marked a momentous time in the history of the evolution of mores in France. They got homosexuals talking," Martel writes. In this heady atmosphere, its air perfumed by hashish smoke, the "militants put revolution into practice: they invented cruising relieved of its furtiveness, and, moving through [the school's] hallways...or on the upper floors and in the attic, they experimented with Fourier's 36,000 forms of love."
In January 1972 Hocquenghem, by then teaching philosophy at the University of Vincennes and already moving away from VLR, published a historic and much-discussed article--"The Revolution of Homosexuals"--an autobiography-cum-manifesto in Le Nouvel Observateur, the influential mass-circulation left-wing weekly; and by the end of the year he'd produced Homosexual Desire, the first theoretical work by an avowed homosexual in France. The book influenced a whole generation of gay liberationists in Europe (and when brought out in the United States two years later by Schocken Books, many American gay intellectuals as well). The FHAR, which had strong anarchist tendencies, imploded by the end of that year, as its meetings were overwhelmed by those who came only for sex, not debate. But Hocquenghem--with his "angelic beauty," his assured platform performances and his gifted pen--had become, as Martel puts it, "a hero," "for many...the one who had 'liberated homosexuals'" and "the emblem of homosexuality in France."
The FHAR was not the first organization of French queers. Arcadie was an austere "homophile" review founded in 1954 by an ex-seminarian, André Baudry; as it gained subscribers, it gradually became a discreet movement, a kind of secretive homo Freemasonry dominated by ultramontane Catholics. Baudry preached "sublimating one's sexual and emotional orientation into asceticism," and he opened Arcadie's parties and dinners with sermons attacking homosexuals who cruised parks and toilets. It was supported by the likes of Jean Cocteau and the right-wing novelist and diplomat Roger Peyrefitte; its members included lawyers, magistrates, military men and government officials--all deeply closeted. But it did conduct the first dialogue with mainstream politicians on behalf of same-sexers and was not without influence. Martel's chapter on Arcadie, "Down with Daddy's Homosexuality" (a FHAR slogan), is fine gay historiography.
One of the few prominent leftists to join Arcadie was Jean-Louis Bory. A member of the French Resistance who fought in the Orléans forest in World War II, in 1945 Bory won the Prix Goncourt for his first novel at the age of 26. A socialist, Bory signed the famous appeal of the 121 writers and intellectuals calling for resistance to France's repressive war in Algeria in the 1950s. Over the years he published a series of novels in which "the latent homosexuality of his characters became increasingly clear," and in 1973 he wrote an unambiguous confessional autobiography. A year before the FHAR's founding Bory had "participated in the first mass-audience radio broadcast" on homosexuality, on which "he rejected any idea of a 'homosexual movement' but defended the fight for freedom, declaring that he was obviously a homosexual and a 'model citizen,' and that the two were necessarily linked in his mind." Bory mistrusted the radical aggressive visibility championed by Hocquenghem, but as a fixture on radio and TV in the 1970s he championed the homosexuals' "right to indifference." In 1977 Bory and Hocquenghem jointly published a book in which they outlined their differing views, later summed up by the philosopher René Schérer, Hocquenghem's friend and mentor: "[Bory] was living within the logic of Arcadie and was fighting for integration and tolerance, whereas Guy always insisted on marginality: he wanted integration with exceptionality, integration within marginality."
Exhausted by his role as the "responsible left's" gay spokesman, Bory committed suicide in 1979. Hocquenghem left organized politics altogether and became well known as a journalist, essayist, novelist and broadcaster, teaching all the while. Since Martel makes him such a central figure throughout the book, it's unfortunate there is no more than a cursory and often reductionist presentation of his thought (for an overview in English, see Bill Marshall's Guy Hocquenghem: Beyond Gay Identity, from Duke University Press).
I have emphasized the early years of French gay politics because they are so little known here, but there's much more in Martel's book, which--dare I say it?--doesn't miss a trick. There are chapters on the changing loci of gay male cruising and gay nightlife; a rich chapter detailing the history of lesbians, whose struggle for identity was primarily within the women's movement, not the gay movement; on the ultimately successful effort to repeal the various laws criminalizing homosexuality, of which France was free from the French Revolution (as of 1793) until Vichy; on the rise and fall of the weekly Gai Pied and other organs of the political gay press; on the contribution gays made to the victory of François Mitterrand and the Socialists in 1981--and their subsequent disillusionment; on the retreat from militancy in the 1980s, the triumph of gay commercialism, the gay ghetto.
But the most impassioned chapters in the book are devoted to AIDS. Martel writes that in the early '80s, gay intellectuals, militants, organizations and the gay press were largely in denial about the threat of AIDS. Even the association of gay doctors was in denial. After Michel Foucault died of the disease in 1984, his partner of twenty-three years, Daniel Defert, and a group of friends launched the association Aides, with two goals: prevention education and care for the sick. The heroic loneliness of Defert and his colleagues as they battled the epidemic is as moving as the refusals they met with in the gay world are appalling. Why was organized gay life in France virtually last in Western Europe to respond effectively to AIDS? The sociologist Michel Setbon has argued that "AIDS as a problem specific to homosexuals placed [gay] organizations on the horns of a dilemma that was painful, if not impossible, to address," given the state of medical knowledge at the time: "Either adopt the epidemiological definition of AIDS as a 'gay cancer' and risk being stigmatized, or deny its reality and avoid homophobia."
The analytical theses at the end of Martel's book, which were widely criticized in the French gay press, may remind American readers of the attacks on the gay movement emanating from the Independent Gay Forum, the network of conservative gay intellectuals founded by the likes of The New Republic's Andrew Sullivan and the National Journal's Jonathan Rauch. Moreover, a condescending bitterness creeps into Martel's tone when writing about liberationist militants, which his assimilationist and reformist politics do not fully explain. When I raised this with Martel, he told me that one of those to whom he dedicates the book, at the time his 18-year-old lover, had been "infected with HIV by a militant." Pity he didn't tell his readers.
I lived in France for much of the '80s and knew a number of the people in this book--Hocquenghem was a valued friend--and find serious factual errors in Martel's work. He writes that Hocquenghem "refused to be tested" for AIDS and "reportedly learned he was HIV-positive only after he was already ill. He supposedly even refused...to be monitored medically." These unsourced statements are entirely false, as Guy's lover and literary executor, the journalist Roland Surzur (who took the test with him), confirmed to me. Martel attacks Hocquenghem for blindly writing as late as September 1985, "How can we believe in a medical establishment that discourages us, that announces nothing but contagion, that marches only to the tune of fear and despair?" These words appear shocking--unless one knows they were written two months after Hocquenghem tested positive, which gives them an entirely different meaning. The first group to emerge from the gay community to fight the epidemic was not Aides, as Martel writes, but Vaincre le Sida, founded by an ex-FHAR activist, Dr. Patrice Meyer. I've discovered other errors and inexactitudes too numerous to list here. Many of those Martel attacks are no longer here to defend themselves; Hocquenghem died of AIDS in 1988.
I think Setbon's view is the right one: Fear of homophobia was the principal cause of AIDS denial in France. But Martel believes the fault lies elsewhere: with "identity politics." He doubts "the advisability of building a political community of homosexuals" and calls for an abandonment of "communitarianism." Yet he was hired as a counselor on gay issues by two Socialist governments precisely because the community, and the gay vote, had become important. And in a democracy, all electoral politics is, to one degree or another, based on the politics of identity.
In the late 1970s, the legendary Socialist Gaston Defferre--mayor of Marseilles for decades and his party's onetime presidential candidate--took a number of real and symbolic steps in favor of same-sexers. Asked to explain this, the leader of the city's organized gays later said, "Defferre's success came from the fact that he always had his Armenians, his Greeks.... When there got to be queers, he had his queers." To get so big they try to co-opt you is half the battle; the other half, harder, is to resist.
I have long embraced the proposition that homosexuals are different from everyone else except in bed--it is oppression and fear that makes them so. Martel insists that "we must do our best to make 'homosexuality' a meaningless term, a word with no relation to reality. Only ever-changing individuals must remain." A noble sentiment--but I'm afraid I think that day is further away, much further away, than he does.
Praising its coverage, not criticizing it, is the best route to getting published.
A woman two months pregnant goes to see her Ob-Gyn for prenatal care. As required by law, her doctor informs her that her condition places her at greater risk for a wide range of medical problems: hypertension and diabetes if she is overweight; complications of surgery if, like one in four women, she has a Caesarean section; permanent weight gain with its attendant problems, including heart disease; urinary tract infections and prolapsed uterus if she has had multiple pregnancies; postpartum depression or psychosis, leading in rare cases to suicide or infanticide; not to mention excruciating childbirth pain, stretch marks and death. There are ominous social possibilities, too, the doctor continues, reading from his state-supplied script: increased vulnerability to domestic violence; being or becoming a single mother, with all the struggles and poverty that entails; job and housing discrimination; the curtailment of education and professional training; and lowered income for life.
No state legislature would compel doctors to confront patients with the statistical risks of childbearing, serious though they are; a doctor who did so on his own would strike many as intrusive, offensive and out of his mind. Should a woman seek abortion, however, anti-choicers are pushing state laws requiring that she be informed of a risk most experts do not believe exists: a link between abortion and breast cancer. Like the supposedly widespread psychological trauma of abortion, which even anti-choice Surgeon General Dr. C. Everett Koop was unable to find evidence of, the abortion-breast cancer connection is being aggressively promoted by the anti-choice movement. (Even Mother Jones, always quick to take feminists down a peg, leapt on this bandwagon, with an April/May 1995 piece entitled "Abortion's Risk.")
"It's yet another example of efforts to encumber this legal choice and make it more difficult and painful for women," says Dr. Wendy Chavkin, professor of public health and clinical obstetrics and gynecology at New York's Columbia Presbyterian Hospital, and editor in chief of the Journal of the American Medical Women's Association. It's also an attempt by anti-choicers to reframe their opposition to abortion as concern for women's health, something not usually high on their list. These are, after all, the same people who fight health exceptions to "partial birth" abortion bans and who have successfully prevented poor women from receiving medically necessary abortions with Medicaid funds.
Nonetheless, such is the power of the anti-choice movement that laws have been passed in Montana and Mississippi, and bills are pending in fifteen other states, mandating a breast cancer warning (and in some cases, a waiting period for it to sink in). Along with laws come lawsuits: In Fargo, North Dakota, the Red River Women's Clinic is being sued for failing to give such a warning; a 19-year-old Pennsylvania woman is suing a New Jersey clinic for her abortion two years ago, which left her, she claims, with an overwhelming fear of contracting breast cancer. In ferociously anti-choice Louisiana, a new law permits women to sue for damages--including damages to the fetus!--up to ten years after their abortion. Given today's high rates of breast cancer, a deluge of litigation is in the making.
Does abortion cause breast cancer? Some studies have appeared to suggest a connection: Dr. Janet Daling, for example, an epidemiologist who says she is pro-choice, compared the abortion histories of 1,800 women with and without breast cancer and found that, among those who had been pregnant at least once, the risk of breast cancer was 50 percent higher for those who had abortions--but her cancer-free sample was obtained through telephone interviews with women chosen at random from the phone book. Not everyone has a phone, of course, which raises questions about the comparability of the samples, and besides, how many women would volunteer information about their abortion history to a voice on the phone? Like other studies showing a link, this one was marred by "recall bias": Cancer patients are more likely to volunteer negative information about themselves than healthy people. They are looking for an explanation for a disease--and one many feel must somehow be their fault. Demographic studies, which are free from recall bias, produce different results: Lindefors Harris, analyzing the national medical database of Swedish women in 1989, found that women did deny their abortions, that breast cancer patients were less likely to do so--and that women who had had abortions were less likely to get breast cancer. The largest study to date, of 1.5 million Danish women, found no correlation.
"The supposed link between breast cancer and abortion is motivated by politics, not medicine," says Dr. David Grimes, clinical professor of obstetrics and gynecology at the University of North Carolina. "The weight of the evidence at this time indicates no association. To force this on women is just cruel." Indeed, the National Cancer Institute, the American Cancer Society and the World Health Organization, none of which have an ax to grind, reject the notion. The standard medical textbook, Diseases of the Breast, concurs. The main figure advocating the link is Dr. Joel Brind, professor of biology and endocrinology at Baruch College, who has done no original research on this issue but is a tireless anti-choice propagandist--plug "abortion breast cancer" into a search engine and the top half dozen sites are his.
Abortion is just about the only medical procedure in which doctors and patients are hemmed about by lawmakers. No other operation has legally mandated waiting periods, although many are dangerous, life-altering and irreversible; with no other operation are doctors legally required to give specific information--certainly not information that the vast preponderance of medical opinion believes to be false or at best unproven. Good medical practice calls for discussion of the pros and cons of particular courses of treatment, not burdening the patient's choice with unsubstantiated fears. Will we ever see a law requiring doctors to tell pregnant patients that abortion is statistically safer than carrying to term--which it is? Sure, the day state lawmakers put a waiting period on Viagra prescriptions, to let male patients really consider whether an erection is worth a heart attack.
The grand ambition of the Rev. Al Sharpton.
The reporting was scandalous, too.
Drive across the United
States, mostly on Interstate 40, and you have plenty of time to
listen to the radio. Even more time than usual if, to take my own
situation, you're in a 1976 Ford 530 one-ton, plowing along at 50
mph. By day I listen to FM.
Bunked down at night, there's
some choice on the motels' cable systems, all the way from C-SPAN to
pay-as-you-snooze filth, though there's much less of that than there
used to be. Or maybe you have to go to a Marriott or kindred high-end
place to get it. By contrast, the choice on daytime radio, FM or AM,
is indeed a vast wasteland, far more bleak than the high plains of
Texas and New Mexico I've been looking at for the past couple of
days. It's awful. Even the religious stuff has gone to the dogs. I
remember twenty years ago making the same drive through the Bible
Belt and you'd hear crazed preachers raving in tongues. These days
hell has gone to love. Christian radio is so warm and fuzzy you'd
think you were listening to Terry Gross.
By any measure,
and you don't need to drive along I-40 to find this out, radio in
this country is in ghastly shape. Since the 1996 Telecommunications
"Reform" Act, conceived in darkness and signed in stealth, the
situation has got even worse. Twenty, thirty years ago broadcasters
could own only a dozen stations nationwide and no more than two in
any single market. Clear Channel Communications alone owns and
operates almost 1,200 stations pumping out identical muck in all
states. Since 1996 there's been a colossal shakeout. Small
broadcasters can no longer hack it. Two or three companies, with
eight stations each, can control a market. Bob McChesney cites an
industry publication as saying that the amount of advertising is up
to eighteen minutes an hour, with the commercials separated by the
same endless golden oldies. On I-40 in Tennessee alone I listened to
"Help!" at least sixteen times.
The new chairman of the
FCC, Colin Powell's son Michael, has just made life even easier for
Clear Channel and the other big groups. On March 12 he OK'd
thirty-two mergers and kindred transactions in twenty-six markets.
Three days later, at the instigation of the FCC, cops burst into
Radio Free Cascadia in Eugene, Oregon, seized broadcasting equipment
and shut RFC down.
Michael Powell--actually installed on
the FCC by Clinton in 1997, no doubt eager to stroke Powell Senior at
the time--is clearly aiming for higher things than the FCC, and he's
certainly increased his own family's resources. His OK of the
AOL-Time Warner merger stands to net his father, a man freighted with
AOL stock options derived from his recent service on that company's
board, many millions of dollars. Michael insists there was a Chinese
wall across the family dining table and that he and Dad never chatted
about AOL. Why would they need to? If there's a hippo on the hearth
rug, you don't need to put a sign on it.
Is there any chink
of light amid the darkness of Radioland? Yes, there is. Several, in
fact. For one thing, the tide may be turning in the Pacifica fight.
In the recent meeting in Houston the national Pacifica board took a
beating in its effort to fix the bylaws so as to make it easier to
continue its mission of destruction. And recent court decisions in
California have favored courtroom challenges to the national board's
onslaughts on local control of stations such as KPFA.
all, the Pacifica Board is now reaping the consequences of its
forcible late-night seizure of WBAI offices last December and the
barely credible arrogance and stupidity of WBAI interim station
manager Utrice Leid, who on March 5 pulled the plug on Representative
Major Owens in the midst of a live broadcast because he dared discuss
A furious Owens has now raised a stink
on the floor of the House about Pacifica's highhanded conduct and has
put forward a plan to settle the row. Somewhere down the road we can
maybe see a scenario developing in which the Pacifica National Board
gets pushed toward the exit. Meanwhile, Juan Gonzalez, who resigned
from Democracy Now! recently, recommends: Don't finance the
enemy. Put your contributions to Pacifica stations in
And low-power radio? The commercial broadcasters
fought savagely all last year to beat back the FCC's admittedly
flawed plan to license more than 1,000 low-power stations. In the end
the radio lobby attached a rider to an appropriations bill signed by
Clinton late last year, with provisions insuring that low power would
never gain a foothold in cities, also insuring that the pirate
broadcasters of yesteryear, who created the momentum for low power,
could never get licenses. But make no mistake who the real villain
was. Listen to Peter Franck of the National Lawyers Guild in San
Francisco, who has been a leading force in the push for low-power FM.
"From talking to people in DC it is absolutely clear that if NPR had
not vigorously joined the National Association of Broadcasters in its
attempt to kill microradio, the legislation would not have gone
But all would-be low-power broadcasters should
know that right now there's opportunity. The FCC has been accepting
applications for licenses (in some regions the window has already
closed), and mostly it's been conservatives (churches included)
jumping in. In many states you can still make applications to the
FCC. Jump in! Contact the Lawyers Guild's Center on Democratic
Communications at (415) 522-9814 or Aakorn@igc.org, but first take a
look at their website (www.nlgcdc.org).
These fights are
all essentially the same, against the same enemy, whether in the form
of the Pacifica board or the directors of NPR or the NAB or the
government: the fight for democracy in communications. Here Franck
and others are already contemplating a deeper assault on the 1996 act
and the 1934 Communications Act, on constitutional grounds. The
purpose of the First Amendment is democracy. Democracy requires a
broad range of opinion. After sixty-five years of a commercially
based media system we have a narrow range of debate; this abuse of
the airwaves is therefore unconstitutional. That's a big fight, but
here it comes.
Adrian Wilson can't make a lobbying trip to
Albany anytime soon: The New York State Department of Corrections
does not escort its prisoners to the state capital for teach-ins. But
his story--typical of the 22,000 nonviolent drug offenders in New
York's cellblocks on any given day--could serve as the centerpiece of
the campaign now under way for the long-overdue repeal of the
notoriously punitive Rockefeller drug laws. In 1983 Wilson, an
African-American, then 29, was arrested for drug possession--his
first offense--and prosecutors offered him a plea bargain that would
have required him to undergo electroshock treatments and eight
months' incarceration. Wilson chose instead to exercise his
constitutional right to a trial. Convicted of possessing four ounces
of cocaine, instead of eight months he faced a mandatory prison term
of fifteen years to life.
No single moment in the history
of US criminal justice matches the destructive impact of the New York
legislature's 1973 session. That was when Governor Nelson Rockefeller
set the tone for a national wave of prison-packing schemes with the
drug laws that bear his name. As Wilson's case illustrates, the
Rockefeller drug laws combined two regressive criminal justice
policies into a new and potent brew: They prescribe imprisonment
rather than treatment for drug offenders, and they establish
mandatory minimum sentences and give the power to decide sentences to
the prosecutors, who choose charges, rather than to the judges
The outcome, repeated thousands of times
daily around the country: Nonviolent drug offenders like Wilson get
punished not in proportion to any presumed threat to society but for
daring to inconvenience prosecutors with a trial. With built-in
incentives for police and prosecutors to concentrate on low-level
users and with racial discrimination an inevitability, the
Rockefeller drug laws are the ancestor of just about every regressive
criminal justice policy since enacted--three-strikes laws, federal
sentencing guidelines and zero-tolerance police sweeps.
With the cost for imprisoning Rockefeller drug offenders
topping $710 million per year, Governor George Pataki has at last
proposed a package of reforms reducing minimum drug sentences and
expanding treatment. Assembly Democrats--many of whom have dodged the
issue for years until Pataki opened the door--have upped the ante,
proposing more sweeping discretion for judges and more money for drug
treatment. The Correctional Association of New York and a broad array
of activist, religious and legal-reform groups have launched a Drop
the Rock campaign (kicked off with a March 1 forum in Manhattan
co-sponsored by the Nation Institute), which on March 27 will bring
thousands to Albany for a day of teach-ins and citizen lobbying. Only
a handful of district attorneys, worried about losing their
sentencing leverage in plea bargains, are holding out for the
Rockefeller status quo.
So the question is not whether New York will reform but if reform will go far enough. Pataki's plan would not give judges any more discretion for Class B felonies, the most commonly charged drug offenses in New York, and would actually
increase some minimum sentences. Pataki would allow prosecutors to handpick the offenders tracked into treatment--a certain recipe for abuse and another usurpation of the proper authority of judges. Perhaps most important, Pataki has so far come nowhere near proposing a budget for drug treatment commensurate with the need. Drug-law reform without a commitment to drug treatment is a half-measure, similar to the 1980s deinstitutionalization of psychiatric patients
with no system of community mental healthcare in place.
New York, which for years styled itself as a pioneer in criminal justice
policy, is now playing catch-up to states like California, whose
voters last November overwhelmingly approved a treatment-over-prison
referendum for first- and second-time offenders, or Colorado and
Nevada, which have passed medical-marijuana measures. But the
Rockefeller laws are the founding charter of the failed war on drugs,
and their repeal would turn state reform tremors into an American
earthquake. In immediate impact on the lives of the poor and people
of color, and as a long-term shift in national priorities, there will
be no more important campaign this year. It's time to Drop the
This is not about profits and
patents; it's about poverty and a devastating disease." That
statement did not come from AIDS activists struggling to provide
sub-Saharan Africa's 25 million HIV-positive people with access to
life-extending medications. It came from the executive vice president
of Bristol-Myers Squibb, which recently announced it would slash
prices on its two AIDS drugs and forgo patents on one of them. A week
earlier, Merck & Co. said it would lower prices on its two AIDS
drugs not just in Africa but, pending review, in other heavily
affected countries as well.
What's going on is not a
change of heart on the part of "Big Pharma"--which John le
Carré describes in this issue as a group of
"multibillion-dollar multinational corporations that view the
exploitation of the world's sick and dying as a sacred duty to their
shareholders." Far from being a humanitarian action, the price
reductions represent an attempt to preserve patent rights by
diffusing international pressure for generic manufacturing.
Revealingly, neither BMS nor Merck has withdrawn from a suit against
the South African government brought by thirty-nine pharmaceuticals
seeking to prohibit importation of generic drugs, which they claim
would violate their patents.
The Indian generic
manufacturer Cipla announced in February that it would sell the
entire AIDS triple-therapy combination at $350 per person, per year,
and other generic manufacturers, in Thailand and Brazil, currently
offer AIDS drugs at a fraction of multinational prices. By
comparison, the Wall Street Journal reported that a
combination of AIDS drugs from BMS and Merck would cost between $865
and $965 per person, per year. If those prices were multiplied by the
number of AIDS patients in, say, Zimbabwe, a relatively prosperous
country by African standards, the total would come to about 20
percent of its GDP. And that sum doesn't include the investments in
healthcare infrastructure needed to distribute and monitor the drugs'
But even if poor African countries could somehow find
the money to pay the high patent-protected prices of the drug giants
(the $26.6 billion a year it would cost to provide all Africa with
AIDS drugs is no more than about a third of what Bush's tax plan
would give to America's wealthiest 1 percent), that would not be the
end of their problems. Rather, such a course would lock them into
exclusive trade agreements with multinationals and put them at the
continual mercy of Western foreign aid budgets. As new treatments are
developed, Africa would have to negotiate new price reductions,
country by country, company by company.
If the solutions
lie with generic manufacturing (not just for AIDS medications but for
a slew of vital drugs for malaria and other ills), then circumventing
existing international patent regulations is a necessity. The trial
in South Africa over compulsory licensing is one crucial test of the
viability of this option. Another potential plan would be for the
National Institutes of Health to give patents owned by the US
government on publicly funded AIDS drugs to the World Health
Organization, thereby licensing it to oversee generic manufacturing.
Why not, in fact, let governments underwrite the entire cost of drug
research--rather than, as now, underwriting substantial amounts of
the research, which drug companies then exploit--and do away with
Whatever the recourse, and despite the
well-publicized gestures by multinational pharmaceutical companies,
the solutions to Africa's AIDS epidemic lie in sustainable
competitive drug production, not momentary self-interested
Many compared it to marching through a dream.
After seven years under siege by 70,000 Mexican Army troops in the
jungles and highlands of Chiapas, the Zapatista National Liberation
Army (EZLN) sent twenty-four delegates, including its pipe-smoking
writer-spokesman Subcomandante Marcos, on a triumphant two-week
motorcade that landed in Mexico City on March 11.
believe that in any place, in any space in this world--and I have the
memory of my own revolution twenty-six years ago--I don't remember a
more moving moment than I lived yesterday," declared the
septuagenarian Portuguese Nobel Prize-winning author José
Saramago the next morning.
The US press coverage of the
march, limited though it was, hinted at such an apotheosis: the
cheering multitudes that greeted the Zapatistas from the roadsides
and at mass rallies in twelve states along the route, the flowery
words of peace and civil rights coming to Mexico's mythical newfound
democracy. But for the Zapatistas and Mexico's indigenous movement,
the struggle now turns into a battle to codify the movement's
progress into law.
The caravan came to demand
constitutional recognition for Mexico's 10 million indigenous
citizens, subjected to generations of repression, poverty, racism and
exploitation of their lands and labor. As Mexico's President Vicente
Fox passed his hundredth day in office, he reiterated calls to the
Zapatistas to negotiate a peace. Not until the government fulfills
the promises it has already made, answered the rebels: release of
Zapatista political prisoners, closure of seven of the 259 military
bases in Chiapas, and congressional passage of the law that would
ratify the 1996 San Andrés peace agreements signed by the
government [see Jerry W. Sanders, "Two Mexicos and Fox's Quandary,"
The geographical advance was accompanied by a
steady rise in the popularity of Marcos and the Zapatistas in opinion
polls, an average gain of two percentage points per day, with over 50
percent in support. The implementation of the San Andrés
Accords is now the sticking point. Marcos and the Zapatistas, with
more than 1,000 delegates from the Indigenous National Congress,
encamped at the base of Mexico City's Cuicuilco pyramid--a circular,
370-foot-diameter stone monument that has survived at least 2,600
years of lava flows, earthquakes and urban
Underscoring their credo, "We will not sign a false
peace," the Zapatistas caused a fierce uproar when, as the caravan
was launched from San Cristóbal, Chiapas, they named architect
Fernando Yáñez Muñoz as their representative to
the federal Congress. Mexican police agencies have long claimed that
Yáñez is Comandante Germán, the feared national
guerrilla leader of the 1970s and '80s who, they say, helped found
the Zapatista army in the jungle in 1983, a charge that
Yáñez has denied. The Zapatistas have also, for the
first time, called upon other guerrilla movements to protect their
journey and remain alert, implying that if the state doesn't keep its
word, an armed guerrilla response could explode
María Luisa Tomasini, 78, a Chiapas
native designated by Marcos as the "grandmother of all the
Zapatistas," analyzed his call to the other insurgent groupsas she
was returning from the March 7 Zapatista rally in Iguala, Guerrero, a
state with at least sixteen armed clandestine guerrilla
organizations. "Clearly," she said, "it was a threat to the
government that it had better comply."
The powerful sectors
that have always gotten their way in Mexico--bankers, chambers of
commerce chiefs, right-wing clergy, the TV networks and key
legislators--are working furiously to sabotage the road to a genuine
peace. Fox's party, the PAN, teamed up with the former ruling party,
the PRI, against the left-wing PRD party to propose that the
Zapatistas meet with twenty congressional leaders instead of the
entire Congress. Marcos, noting that the indigenous of Mexico have
always been hidden "in the kitchen, on the back porch," rejected the
offer, arguing that the Zapatistas and the Indigenous National
Congress deserve to address the whole Congress. Hard-liners continue
to seek any roadblock to passage of the full indigenous rights bill
with hysterical claims that autonomy would fracture the nation, and
they vow radical surgery to the initiative.
On March 19 the
Zapatistas announced they will return to the jungle, citing the
"close minded" attitude of "cavemen politicians," saying, "Nothing
will be able to stop the popular mobilization" that stems from the
Congress's failure to act. "We will return with everyone who we are."
Immediately, thirteen national peasant-farmer groups pledged
nationwide marches, students plotted direct action and five major
indigenous groups in Oaxaca vowed to close the Pan American Highway
until Congress passes the accords. Congressional leaders begged the
Zapatistas to stay, Fox urged the Congress to meet with the rebels
and the drama now moves in unpredictable directions.
guiding principle of the San Andrés Accords is autonomy. The
word has galvanized many beyond Mexico's indigenous populations. The
battered Mexican left--peasant farmers, urban workers and especially
the nation's youth--view themselves, too, under the banner of
autonomy. Indeed, the popularity of the Zapatista struggle around the
world derives at least in part from the coherent language of
opposition to globalized and savage capitalism that they have
constructed. French sociologist Alain Torraine, who accompanied the
caravan, praised the Zapatistas during a March 12 discussion with
Marcos and the comandantes in Mexico City, marveling, "The entire
world, and we are speaking of the left, is looking for a new
language." Comandante David, a Tzotzil delegate who was a chief
negotiator and architect of the San Andrés Accords,
acknowledges that the demand for autonomy goes far beyond indigenous
rights. "We are going to explain directly to the indigenous and
nonindigenous brothers of the country that indigenous rights are for
the good of all the peoples," he said while preparing to leave on the
Autonomy--what might be called "home rule" in
other parts of the world--includes local control of land use, a sore
point for big business in Mexico, its eyes on natural
Beyond Mexico, US investors and corporate
interests, with expectations that Fox will be the most effective
deliveryman yet of Mexican resources under NAFTA, are stoking the
subterfuge. Former US Ambassador to Mexico James Jones, now a
railroad baron and rainmaker for the Manat, Phelps and Phillips law
and lobbying firm in Washington, is on the board of directors of TV
Azteca, the most notorious manipulator of public opinion among all
the Mexican media. TV Azteca joined the other broadcasting giant,
Televisa, to present a March 3 Concert for Peace live from Aztec
Stadium, featuring a laser light show, a Woodstock-style logo and the
usual condescension toward "our indigenous brothers." The prepackaged
video aired with the concert didn't mention autonomy, or indigenous
political prisoners, or 500 years of conquest--certainly not justice
in connection with the 1997 massacre of unarmed indigenous peasants
at Acteal. The only proposed solution was to send aid to the poor,
barefoot indigenous communities, an approach known in Mexican
politics as "clientism." Many analysts saw Fox's fingerprints on the
TV peace show, as both stations rely on state permission to broadcast
in Mexico. Indeed, one of the demands of the San Andrés
Accords is the right of indigenous peoples to break that control by
forming their own media, including the use of radio and television
The question of indigenous autonomy also has
consequences for the US-imposed "war on drugs." The San Andrés
Accords would restore indigenous rights to the use of currently
illicit sacred plants and codify the pre-eminence of ancient forms of
community justice. Luciano, a spokesman for the Zapatista community
of Polho, explained to me in 1998 how the autonomous system works
without constructing a single prison cell: "If a young man grows
marijuana, he goes before a municipal judge to be disciplined and
oriented so that he won't ever do it again. If the youth does it
again, there is no response whatsoever: He cannot be pardoned a
second time. He would then be expelled from the
That the Zapatista communities have had far
more success in driving out the narcotraffickers and preventing drug
and alcohol abuse than any other region of the Americas is of little
concern to the big talkers of law and order. Opponents charge that
autonomy in matters of criminal justice would "balkanize" the country
and subvert the "rule of law."
Indigenous and social
movements across Latin America--in Ecuador, Colombia, Bolivia, Peru,
Panama, Brazil and other nations--had representatives quietly
observing the caravan. In spite of the powers stacked against them,
the Zapatistas, newly strengthened, their national support deepened,
have many cards yet to play in forcing legislative victory. In the
latest of the ironies under NAFTA, autonomy may thus, and soon,
become Mexico's leading export product.
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