By Anna Phelan, Amnesty International USA’s Business and Economic Relations Group
Since the release of Amnesty International’s report Petroleum, Pollution and Poverty in the Niger Delta (30 June 2009), our global membership has acted to get Shell’s new CEO Peter Voser to come clean on the impacts of its operations in the Niger Delta, during his first 100 days on the job. Here’s one of my favorite actions:
AI’s report looks at the impact of pollution and environmental damage caused by the oil industry on the human rights of the people living in the oil producing areas of Niger Delta. Some of the key concerns highlighted in the report focus on health and livelihood — the lack of access to potable water and damage to fisheries and local farming.
When will Shell do more? AI-France says that over 2,000 cards and 20,000 electronic postcards have been distributed, but the company has not heard appeals by Amnesty International. AI-UK’s Protect the Human blog says Shell has not responded to their 3500+ emails. AIUSA members can lend their support to this global action. Very simply, we’re asking Voser to clean up oil pollution in the Niger Delta, clean up Shell’s practices, and come clean on the information Shell holds on pollution in the region, but hasn’t made public.
The reality is that Shell’s pollution and exploitation in the Niger Delta has created a hell on earth for the 31 million people who live in a region that’s home to one of the top 10 most important wetland and coastal marine ecosystems in the world. Voser’s 100th day as CEO of Royal Dutch Shell is October 8th. Remind him that we’re watching. Tell him to come clean on Shell’s pollution in the Niger Delta.
Though Alyce Driver worked three jobs, none of them provided health insurance. Regular teeth cleaning and yearly physicals for her five children were a luxury she could not afford. One day her twelve-year-old son Deamonte complained of a headache. Seven weeks later, Deamonte was dead.
The diagnosis? An abscessed tooth.
While death from tooth decay may have been common in the middle ages, this was 2007.
And while one certainly still hears of such things in some of the more underserved areas of Africa, Asia and Latin America, this was in the capital of the richest country on earth.
Deamonte’s story and those of thousands like him who die every year from preventable disease in the United States underscores what’s wrong with the current health care debate. We should be concerned – appalled – that this can happen in our country. But instead of asking ourselves how to right this wrong, we seem to have let the health care debate become about anything but health care.
This country’s founders believed that every human being was endowed with certain inalienable rights – the rights to life, liberty and the pursuit of happiness. In the last century, the global community, led by the efforts of the United States and individuals like Eleanor Roosevelt, spelled those rights out. Article 25 of the Universal Declaration of Human Rights states that “everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including… medical care….”
Health care is a human right. Like freedom from torture and ill treatment, equality before the law, and education, health care is something that all of us are entitled to by virtue of being human.
But one would never know that by following the headlines in today’s health care debate. We are preoccupied with questions of cost when it comes to universal coverage, but not when it comes to asking critical questions about an industry that maximizes its profits by denying care. Few are asking the most fundamental question: How can our health care system be overhauled so that it fulfills the human right to health care?
Answering this question is a moral imperative, one that requires us to prioritize principles such as universality, equity and accountability. Americans don’t argue that our elections or judicial system are un-American or negotiable because these processes require government involvement and investment to ensure that they function properly and are accessible to all. And while those seeking to undermine reform rally around cries of “government-run medicine,” our nation’s experience shows such slogans to be both inaccurate and misleading. Publicly-financed health care already exists in Medicare; publicly-operated health care is provided through the VA (with some of the highest patient satisfaction ratings among all health care delivered in the United States); and the postal service, schools, police departments, and fire departments are all “government-run” – and we wouldn’t want to do without them.
America needs a health care system that is equitable and fair. Too many of us suffer from disparities in accessibility and quality of care. For example, there is less than one doctor for every one thousand residents in Appalachia, and black women are more than three times more likely to die in pregnancy or childbirth as white women. And even for those who have insurance coverage, studies show that we may be just a medical crisis away from financial ruin. These types of imbalances are contrary to the American ideals of equality and fairness, which demand a health care system that does not discriminate against those who need it most.
The human right to health care requires that government be accountable for fulfilling that right. Health care is a public good, not a commodity and a healthy society benefits all of us. The government has a duty to ensure that the right to health care is being met; it does not have an obligation to provide private sector insurers and middlemen with increasing profits, as the current Wall Street driven model dictates. Through public financing and administration of health care we can minimize the profit incentives to deny care and instead guarantee access to quality care for all.
In his latest weekly address, President Obama recognized that health care is a “core ethical and moral obligation” in a move that may signal a shift in the administration’s messaging back to core human rights principles. Unfortunately, even the best of the health care plans on the table in Congress falls short of this lofty rhetoric. Low-income people would still have to pay up to 12% of their income for private insurance premiums, plus deductibles and co-pays. Middle-income families would get no support at all, yet not buying an insurance policy would be against the law. And millions of people would still be uninsured.
We – and our elected leaders – can do better. We live in a broken system, one where a fatal toothache serves as a dire reminder of how too many Americans not only lack insurance, but lack comprehensive coverage that provides easily-accessible and quality health care. Regulation and tinkering would no doubt make some marginal improvements to our failed system, but we don’t need tinkering. We need a game changer. We need a publicly run, publicly accountable, Medicare-like plan that would put the power back in the hands of those whose human rights and very lives are at stake – people like Deamonte Driver.
In 2004, Cameron Todd Willingham was executed in Texas for setting a fire that killed his three children. He maintained his innocence to the end, and those who looked into his case, including the Chicago Tribune, have concluded that he was in fact wrongfully executed. His was one of the 200+ executions under Rick Perry, a governor who has remained willfully oblivious to the huge flaws in his state’s death penalty.
Yet recently, to its credit, the Texas Forensic Science Commission reopened the case. A nationally known fire expert, Craig Beyler, was hired to assess how Texas authorities investigated the fire. According to the Tribune, Beyler’s report is not kind to the Texas investigators, and he determined that there was no scientific reason to believe that the fire was arson at all. If indeed that is the case, Cameron Willingham was executed for a crime that never occurred – an exceptional cruelty for a man who had already lost his three children.
Beyler ripped the fire marshal who investigated the case, saying, according to the Tribune, that the fire marshal had “limited understanding” of fire science, “seems to be wholly without any realistic understanding of fires and how fire injuries are created,” and that his findings “are nothing more than a collection of personal beliefs that have nothing to do with science-based fire investigation.”
The Texas Forensic Science Commission will solicit a response from the fire marshal and then publish its final report. If it reaches the same conclusion that this nationally respected fire expert has, the state of Texas may finally officially acknowledge that it has executed an innocent man.
NIGERIA – Instability Despite an Amnesty Deal
Hundreds of militants in the Niger Delta region of Nigeria, including one of the main rebels group’s (Movement for the Emancipation of the Niger Delta, MEND) top commanders Ebikabowei Victor Ben, have begun to hand over their weapons as part of an amnesty deal offered by Nigerian president Umaru Yar’Adua. According to the BBC, the weapons handed over included hundreds of assault rifles, several rocket launchers and at least 12 gunboats.
However, factions of MEND have rejected the government’s amnesty offer and have pledged to resume attacks once the ceasefire is over on September 15. Security analysts warn that the Nigerian military will likely launch another major offensive against militants who do not accept the amnesty deal once the 60-day offer period officially ends on October 4.
In a separate development, Reuters reports that Nigerian police broke up an Islamic community in the western part of Nigeria and deported dozens of its members to avert renewed violence, such as last month’s clashes with the Boko Haram Islamic sect which reportedly took the lives of 800 people. The Darul Islam community was reported to be forcibly holding women to be wives.
We also support the Nigerian Government’s comprehensive political framework approach toward resolving the conflict in the Niger Delta. This process […] is incorporating the region’s stakeholders as absolutely essential, focusing on the region’s development needs, separating out the militants and the unreconcilables from those who deserve amnesty and want to be part of building a better future for that part of Nigeria – US Secretary of State Hillary Clinton, August 12, 2009
[MEND] should reconsider their stand and join the amnesty boat because the boat is about to sail – Timiebi Koripamo, Agary, Spokeswoman for the Presidential Panel on Amnesty.
YEMEN – Renewed Violence in the North
Over 100,000 people have been forced to flee and scores killed due to renewed fighting in the north of the country between government troops and Shi’ite rebels. The United Nations reported on Friday that at least 35,000 fled their homes in the past two weeks alone , while UNICEF reports that thousands of families remain trapped inside the conflict zone and are in urgent need of humanitarian support.
The BBC reports that Operation Scorched Earth, which begun two weeks ago, is aimed at crushing the rebels and recapturing the town of Harf Sufyan. But analysts argue that this latest assault is unlikely to end this 5-year long conflict and may only deepen instability in Yemen.
The rebels, known as the Houthis after their present leader Abdul-Malek al-Houthi, are adherents of the Zaydi branch of Shi’ite Islam and claim the government is oppressing the Zaydis. The rebels also oppose the Yemeni government’s support for the US-led “war on terror.” The Yemeni government enlisted the support of the US after September 11, accusing the Houthis of having links to al Qaeda, Iran and Hezbollah. Although Yemeni President Ali Abdullah Saleh unilaterally declared the war over in July 2008, full-scale fighting resumed late last month.
We call on both parties to return to the cease fire that was established last year. In the meantime, both parties should avoid any action that would endanger the civilian population in the affected area. We also call on both parties to ensure the security of local and international relief workers in the region, and the safe passage of emergency relief supplies to camps housing internally displaced persons – Statement of U.S. Embassy in Yemen, August 22, 2009
UNICEF stands ready to assist the civilian population. It is essential that we gain immediate and secure access to provide urgently needed humanitarian assistance. Children cannot be the innocent victims of conflict – Ann M. Veneman, UNICEF Executive Director, August 24, 2009
Coming This Week
August 24-28: Kenya holds its first national census in 10 years.
August 25: Independent Election Commission expected to release partial results of Afghan elections.
August 26: Celebrations in the breakaway region of South Ossetia to mark the one year anniversary Russian recognition of its independence following the war with Georgia
August 27: South African President and SADC chairman Jacob Zuma makes his first state visit to Zimbabwe.
Juliette Rousselot contributed to this post.
Human Rights Flashpoints is a weekly column about countries at risk of escalating human rights violations and is brought to you by AIUSA’s Crisis Prevention and Response team
To our deep disappointment, Leonard Peltier was denied parole on Friday, nearly a month after his July 28 parole hearing. In addition to our online action, Amnesty International had sent an open letter to the parole board in early July urging that Peltier be granted parole, and Amnesty continues to call for his immediate release on parole. You can read more about Leonard’s case in this blog post, and in the full AI press relase. The US Department of Justice also issued a lengthy press release on Friday.
You may not have been aware of it, but this past Wednesday, Aug. 19, was the first World Humanitarian Day. August 19 was designated by the U.N. General Assembly last December as a day each year to honor aid workers around the world, especially those who have given their lives in the line of duty.
The UN website about the World Humanitarian Day noted that in Sri Lanka, 17 staff of the French aid agency Action contre la Faim (ACF) (Action Against Hunger) were killed in August 2006. While the Sri Lankan government has blamed the opposition Tamil Tigers for the killings, a recent report by the Sri Lankan human rights group, University Teachers for Human Rights (Jaffna), provides evidence pointing to the security forces as the killers. And Amnesty International’s report, “Twenty Years of Make-Believe: Sri Lanka’s Commissions of Inquiry, details serious deficiencies of subsequent government investigations into the massacre.
It’s been more than 3 years, and still the killers of the 17 ACF staff have not been brought to justice. One more example of the continuing impunity enjoyed by the Sri Lankan security forces. I hope that by next year’s World Humanitarian Day, I won’t be able to make the same statement.
September 16, 2009 will be the second anniversary of the Nisour Square shootings, in which six Blackwater (now Xe) personnel shot and killed 17 Iraqi civilians outside Baghdad’s green zone. The bad media which surrounded the incident galvanized the U.S. Government to take some steps towards ensuring that the Department of Defense (DOD) and Department of State (DOS) better regulate PMSC operations in Iraq. But was it enough?
The six Blackwater guards who allegedly indiscriminately opened fire in Nisour Square on September 16, 2007 were finally indicted late last year. The trial hasn’t even started but Blackwater/XE personnel are already implicated in another incident. On May 5, 2009, four Blackwater/Xe personnel reportedly shot and killed two Afghan civilians in Kabul. So much for lessons learned in Iraq; so much for regulation, oversight, and accountability.
However, the U.S. government should not keep pushing aside the questions of how to effectively regulate and where to set the limits on using PMSCs — especially with the increased number of contractors flooding into Afghanistan in the wake of the planned surge in troops. The longer it takes for the U.S. government to finally take a position and answer these questions, the longer PMSCs operate in a legal limbo, in which they may commit human rights abuses with impunity.
The article also mentions that government officials are concerned about serious issues of accountability when contractors are brought into covert and lethal operations. Where there is no transparency, accountability will be near impossible if a crime were committed during those operations. The past administration has been quick to invoke several legal reasons to withhold sensitive information from the public — from the Glomar response to claiming that releasing detainee abuse photos would be against the Geneva Conventions. When the same photos were about to be released in May 2009, the Obama administration sought to block their release arguing that the images could further inflame anti-American opinion. If it is already this difficult to get information out of government agencies, then imagine the difficulty of obtaining information for the purpose of accountability when there’s a private contract involved in a sensitive national operation.
Another area of great concern that the New York Times article briefly touches upon is whether, aside from the concerns about accountability for PMSCs in such a program, PMSCs should be involved in the first place? As Senator Diane Feinstein (CA) aptly states, “It is too easy to contract out work that you don’t want to accept responsibility for”. In the debate about the use of PMSCs in modern warfare, there is the pressing question of what functions a government can and cannot outsource. In U.S. statute and policy, inherently governmental functions are loosely defined as “a function so intimately related to the public interest” that it must be performed by Federal employees. The list of functions that fall under “inherently governmental” is also extremely inconsistent, varying from agency to agency. Because of this lack of a clear and consistent definition, PMSCs are contracted to perform duties in highly sensitive areas such as intelligence and now, even assassinations.
To better regulate the industry, Congress also needs to pass legislation that will close the legal vacuum in which PMSCs are operating and appropriate more resources to regulation and oversight. The U.S. government currently does not adequately regulate the industry and its statutes to hold PMSCs accountable for crimes overseas are few. In its June 2009 Interim Report, the Commission on Wartime Contracting finds that U.S. government oversight of PMSCs is inadequate. Because they mostly operate transnationally, jurisdiction can become a problem. While PMSCs contracted by the DOD can be held accountable under the Military Extraterritorial Jurisdiction Act (MEJA) and the Uniform Code of Military Justice (UCMJ), contractors hired by other agencies such as the DOS often fall through legal gaps.
The foundation to improve regulation, oversight and accountability of PMSCs has already been set. To close legal gaps such as the one in MEJA, legislation has been proposed in the past and we look forward to similar legislation in the 111th Session of Congress. As for clarifying definitions of “inherently governmental functions”, a bipartisan Commission on Wartime Contracting was established in Public Law 110-181 to recommend among other things improvements in its Final Report on the “process for determining which functions are inherently governmental and which functions are appropriate for performance by contractors in a contingency operation, especially whether providing security in an area of combat operations is inherently governmental.” On an international level, the UN Working Group on Mercenaries (UNWGM) completed its two-week visit to the U.S. on August 3rd, 2009. During that time, the UNWGM met with the DOJ, members of Congress, governmental officials and public interest groups to discuss how PMSCs can be regulated on international, regional, national and local levels. Such efforts are all a step in the right direction.
Sri Lankan President Mahinda Rajapaksa said last Tuesday that no one should be above the law, including members of the police or armed forces. This follows a widely publicized incident last week in Sri Lanka: two youths were arrested by the police on August 12 and their bullet-ridden bodies were discovered the next day. The killings sparked public anger and riots against the police. Several police officers have since been arrested in connection with the murders.
I dearly hope justice is done in this case and the killers held accountable. But there remain thousands of cases of human rights violations by the Sri Lankan security forces, including the police, where no one has been prosecuted or convicted. The recent Amnesty International report on presidential commissions of inquiry in Sri Lanka details the government’s failure to deliver justice for serious human rights violations for decades. I hope President Rajapaksa’s recent statement will lead to a serious, sustained effort by the Sri Lankan government to bring perpetrators of human rights violations to justice at last. The ongoing impunity enjoyed by the security forces for past violations must end.
Finding fresh ways to talk about socio-economic issues is not new in the health care advocacy community. Even as the Obama administration searches for a new way to pitch their proposed health reform, human rights groups and grassroots social justice networks have already been hard at work trying to shift the language and the thinking surrounding health care in the United States. They are using an oft-overlooked notion in the United States: “human rights.”
Desiree doesn’t explicitly answer the question in the title of her post — in reframing the health care debate, “is it too late for human rights?” The answer to that question is clear: no, it’s not too late.
Whatever happens with the current round of health care legislation — whether or not a bill passes, and if one does, whether it’s weak, strong, or even regressive — this is only the beginning of a long, long process in making the U.S. health care system truly universal, equitable and accountable. A bill would have to be implemented, which would take years. Crucial legislative questions will remain at the national, state and local levels. And there will be much more work to be done on absolutely central issues, like true fulfillment of the right to maternal health care in the United States.
But that’s a quibble. It’s a very informative post, on the imperatives of justice in health care reform, the historical roots of the human right to health care, and more — read the whole thing.
The editor of Zambia’s largest independent newspaper, The Post, is currently on trial for distributing pornography. Chansa Kabwela was charged in July for ”circulating obscene matters with the intention to corrupt the morals of society,” punishable by a five year prison sentence. What exactly did Kabwela circulate that was so dangerous to the moral character of Zambians? Pictures of a woman giving birth on the ground outside a hospital.
A recent nurses’ strike led to dangerous medical conditions in the country, a fact Kabwela wanted to highlight. When she received pictures of the incident, she decided not to publish them in the paper, but instead sent copies to the vice president, the health minister and several organizations. The pictures were taken by a relative of the woman, who visited clinics and the hospital in search of medical assistance due to the breach birth position of the baby. Eventually she laid down on the ground near the hospital before doctors from the hospital finally assisted her. The baby did not survive.
Reporters Without Borders calls the arrest shocking and the charges without grounds. They also accuse authorities of harassing and intimidating the newspaper’s staff. The Post is a fierce critic of President Banda, who has made no secret of his dislike for the paper, called for Kabwela’s arrest. Banda became president upon the death of Levy Mwanawasa, one year ago today. Too bad Nixon didn’t think of the same tactic: Nick Ut would have gone to trial instead of winning a Pulitzer.
Amnesty International works to protect human rights worldwide. We have more than 2.2 million supporters, activists and volunteers in over 150 countries, and are completely independent from government, corporate or national interests.
Learn more about us at AmnestyUSA.org »
Juliette Rousselot is the International Advocacy Assistant for the Science for Human Rights (SHR) program. In this position, she provides general support to the program, as well as advocacy support for country work on SHR projects, with a focus on sub-Saharan Africa and the Crisis Prevention and Response work. See all »
